The Ground Report India - 2010 June Edition PDF

The Ground Report India (GRI) June 2010
The Ground Report India - June 2010 3

Cover Reports! 3
Bhopal Gas :: A TRAGEDY OF ERRORS! 3
Eradication of Poverty :: Possible in Easiest Way/ One Stroke! 5
International! 8
RWANDA: Newspaper editor murdered! 8
Indo-Pak Peace :: Pritam K. Rohila! 9
Statement of the Writers for Peace Committee of International PEN Concerning the Tragic
Events of May 31, 2010! 10
New research from the Environmental Working Group (EWG) shows that corn-based ethanol
biofuel is wasteful, inefficient, and a misuse of taxpayer money! 10
Reports! 12
Other action tools available to RTI activists! 12
An Appeal :: Make it Easier for People from India and Pakistan to Travel and Meet Each
Other! 12
PM’s Press Conference Aboard on his return from G-20 Summit in Toronto! 12
India-Canada Joint Statement during the visit of Prime Minister! 15
Sign in the petition against discrimination of Dalit students in Indian Universities! 16
Jamia organizes a workshop on “Providing Crisis Mental Health in Disasters”! 16
RIVER :: Rokeya Institution Of Value Education & Research! 17
Cops’ odd behavior makes RTI activists ask, “What are they hiding?”! 18
STATE LEVEL NGO AND CIVIL SOCIETY CONSULTATION ON NATIONAL POLICY FOR CHILDREN
WAS HELD in North East! 19
Anti-Corrupt Laws get teeth in M’rashtra; FIR against 28 corrupt officials! 19
RTI reveals how babus steal ‘power’ from civil society! 20
RTI reply of Bureau of Industrial Standards shows failure to adequately test! 22
India: Prosecute Soldiers in Kashmir ‘Encounter Killing’! 23
SURVEY ON PEOPLE'S VIEW ON LAND FOR MLAs IN OLD MAHABALIPURAM ROAD, CHENNAI,
Tamilnadu! 24
Again a case of Torture by BSF - victim is under pressure! 25
Columns! 26
Journal for Right to Information! 26
Why national media is silent on the deaths of Aadivasis by the Security Forces :: Gladson
Dungdung! 26
Bringing out the kill! 28
How to use RTI to protect open public spaces from encroachment! 30
India: Don’t Muzzle Critics! 30
Army against Maoists :: Pros and Cons! 32
www.groundreportindia.com
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HOW TO EXERCISE YOUR RIGHT TO INFORMATION! 34
LETTER TO THE EDITOR on NEW GOVERNMENT OF INDIA RULES FOR OVERSEAS INDIANS!38
Has tobacco made our laws also impotent?! 39
About the Ground Report India! 40

Publication Policies:! 40
Email Policies:! 41
Disclaimer:! 41
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The Ground Report India - June 2010
Cover Reports
Bhopal Gas :: A TRAGEDY OF ERRORS
I had moved to Bhopal in January 1983. Year 1984 was a difficult one for me. I was struggling to set up my business of interior
designing and furniture with practically no capital. I did not have many clients. Of the few clients that I had, not many treated
me with any level of respect. But this gentleman was different. Dr. was an ex-academician who had moved to corporate
research with Union Carbide India Ltd. (UCIL). He was always very courteous, polished and humble. I had done some small
work for his residence in the hope that I shall be able to get work at the company where he worked. The hopes were dashed
when gas leaked out from UCIL’s factory at Bhopal. Gas killed many. I was not directly hit but my business took a big hit.
A few weeks after the accident, one evening I met Dr. and asked him about his version of events. As usual he was most
courteous. He explained to me patiently in great detail almost as if I was a student and he was a teacher. What he told me
made me understand the picture. In the weeks that followed I met many more people and confirmed all that Dr. had told me. I
found that every word of what he had told me was correct. It has been almost 25 years since then. I wanted to write an article
based on all that Dr. had told me and also based on what I knew from various other sources. Yet, I stopped myself since I did
not want to be accused of promoting the interests of UCIL.
To this day, Bhopal Gas Tragedy continues to provide material to media, politicians and activists for whipping up emotions.
There are renewed calls for blood by people who believe that revenge is the best form of justice. In the midst of all the
emotion-whipping, please allow me to take a dispassionate look at the tragedy. The purpose is neither to act as a judge nor to
be a prosecutor – not even to point fingers. Every tragedy is a great teacher and surely Bhopal is no exception. Unfortunately,
Indian politicians, bureaucrats, activist, media and society have never looked at Bhopal gas tragedy with that perspective. I
guess it is never too late.
The story begins on the day in the end of sixties when UCIL decided to set up a factory in Madhya Pradesh and approached
Government of Madhya Pradesh for land allotment. UCIL had disclosed to the government that the process involved use of
hazardous chemicals. UCIL wanted land on a location which was not near any dense population. Government of Madhya
Pradesh wanted to promote industrialization of Bhopal and hence, suggested this site on which the ill-fated factory was built.
There was hardly any population in a radius of about 2 km around the site at that time. Government assured UCIL that they
had declared the area around the site as ‘Obnoxious Industrial Area’ and no population would be allowed to reside in the area.
Believing the assurances given by the government, UCIL set up the factory. In the years that followed, the government forgot
all about its assurances and watched silently as slums sprang up in the area that was supposed to be a no-population zone. A
day came when slums were actually touching the boundary wall of UCIL. This was most alarming and UCIL was well aware
of it.
Every month or so, UCIL used to send a letter to the government asking the slums to be removed in view of the hazard
involved. The letters were filed away in some dusty file. To make matters worse, a few months before the tragedy struck, the
then Chief Minister of the state gave settlement rights to the slum dwellers and regularized all the slums around the UCIL
factory. Majority of the deaths that occurred on the fateful night of 2/3 December 1984 were in the slums. Obviously if the
government had indeed kept its word of the area being an obnoxious industrial area and no-population zone, the number of
death would have been a fraction of the actual figure.
Now, let us come to the actual accident. There was an underground tank for storage of Methyl Isocyanate (MIC). The tank
had no connection with any water supply. In fact there were clear instructions in the factory to keep water away from the tank
since it was well-known that water in contact with MIC would lead to a run-away exothermic reaction that would be
dangerous. No body knows how or why, but it appears that some disgruntled employee connected a water hose to the tank. The
hose remained connected to the tank for hours and tons of water gushed into a tank which was supposed to be kept dry.
Simultaneously, all the safety systems of the tank were disconnected. It could not have been a coincidence that all the safety
warning systems became inoperative just on the day when someone played the dirty game of pushing water where no water
should have ever gone. From all available evidence it appears that this was a planned affair with many factory records falsified
in a systematic manner by the criminals. UCIL officials believed that this was the handiwork of some employees who wanted to
create a small accident so that their trade union could negotiate harder during the wage talks that were scheduled to begin in
the first few months of the New Year. Surely, the employee(s) who did it never realized the devastation that their mindless act
could bring on the whole city and above all on themselves. After the accident, UCIL officials were in no position to investigate
the accident since they were denied access. CBI and other government agencies that initiated investigations were in no mood to
catch small fry.
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At this point it is interesting to give an example that illustrate the Indian psyche. Let us imagine a hospital and medical college
run by government. In such a medical college, a minister or secretary of health comes for inspection and finds a toilet dirty and
stinking. Anywhere else in the world, action will be taken on the sweeper who is supposed to keep the toilet clean. But in India,
the Dean of the medical college will be suspended, while no one will even point a finger at the sweeper. Similarly, in case of
Bhopal Gas Tragedy everyone wants the blood of some Manager or Director or Chairman, but not of the low-level employee
who did the crime of actually connecting a water hose to the tank of MIC. In fact, till today no one has even bothered to find
out the name of the criminal.
There is a lot of talk about poor design and maintenance of the UCIL plant at Bhopal. It has been argued before the courts
that the unit was running in loss and hence, necessary maintenance was being ignored. That is not disputed and may well be
true. Yet, the fact is that it is largely irrelevant to the case. No technology of the world can provide protection against internal
sabotage. Let us take a case of gasoline storage tanks. The safest tank in the world will burst into flames if a disgruntled
employee drops a burning matchstick in it. And no supervisor or manager or procedures or systems can prevent such a suicidal
act. The issues of outdated technology, poor maintenance, inadequate safety systems etc. come into play when accident occurs
in the course of normal operation or by normal wear and tear or in situations that can be anticipated by reasonable men. Just
as World Trade Centre Towers could not have been designed to withstand damage caused by planes flown by terrorists, it is not
possible for any company to design a factory that can withstand intentional acts planned by internal or external saboteurs to
cause devastation. It would have been ridiculous to prosecute the designers of Twin Towers for inability of the towers to
withstand impact of planes and fire caused by thousands of gallons of burning aviation fuel. In the same way, it makes hardly
any sense to blame various high officials of UCIL and the parent company for Bhopal Gas Tragedy.
Let us come back to the accident. As soon as the news of leakage of poisonous gas reached the Collector (head of district
administration in India) of Bhopal, the first thing that the Collector did was to order evacuation of the city and flee in his
official car. The privileged officer did not know the principle of Captain of the ship to be the last to leave. After reaching a
place which was far away from the city, he rang up Dr. And informed Dr. that he had ordered for the city to be evacuated. The
Collector asked Dr. about what else should be done. Dr. was aghast. Dr. asked the Collector about who had told him to get the
city evacuated. The Collector viewed this as a challenge to his royal authority. The Collector told Dr. that as Collector he was
within his powers to evacuate the city and the matter should rest at that. Dr., despite his soft nature, was angry. Dr. told the
Collector that he had done the worst possible thing that could be done. Dr. told him that the only thing people had to do was to
cover their face with a wet thick cloth (towel) and in a few minutes the gas will be gone. Running away from gas was the worst
thing that could have been done. Sure enough, almost everyone who died that night was someone who ran to escape from gas.
I have many friends who shut themselves indoors and either hid under quilts and blankets or kept washing their face with water.
All such friends have faced practically no ill effects of exposure to gas.
It is interesting to understand the science behind Dr.’s advice. Methyl Isocyanate (MIC) is absorbed by water. If MIC gets into
lungs, it gets absorbed by water in the lungs. If there is a cloth with water in it blocking the path of gas, the absorption takes
place in the cloth with no damage to the lungs. The problems of running to escape from gas are multifold. It is natural for a
person to flee away from the source of gas to escape from gas. In this way, one tends to move with the direction of wind and in
fact moves with the cloud of gas. If one remains stationary, the cloud of gas passes over with the wind. There were, of course,
some ‘mad’ fellows who ran with anger towards the UCIL factory instead of running away. Their intention was to bring
damage to the killer factory. Everyone who ran towards the factory suffered hardly any injury. Of the ones who fled to escape
from the gas, the worst sufferers were the poor who were running on foot since while running one tends to breathe harder and
inhales more gas.
The lucky ones like the Collector of Bhopal who had some vehicle did not suffer much. There can be no disputing the fact that
if Bhopal district Collector had been less arrogant and had listened to expert technical advice before issuing orders, the death
toll that night might have been significantly lower. Of course, almost no one would have died if the government had taken
expert advice before the tragedy and educated the people living in the promised ‘obnoxious industrial area’ (which should have
been a no-population zone).
Taking expert advice is something that does not come naturally to Indian officialdom, who are trained to be arrogant since the
colonial days. The sad part is that the same attitude has rubbed off on even doctors working in government hospitals. When
people suffering from MIC gas reached Hamidia Hospital (the biggest hospital of Bhopal at that time, attached to Gandhi
Medical College) the doctors there did no know the antidote to MIC (in fact, they did not even know that the gas was MIC). A
normal sensible person would have asked the people at UCIL about the antidote, but that is not how Indian officialdom with its
know-all attitude operates. The doctors searched their medical books and came up with something that they believed was the
antidote (if my memory serves me right, it was Atropine). Shots of the so-called antidote were administered without any delay.
Almost everyone who received a shot of the antidote died within a few hours. UCIL officials had collected medical records
from all hospitals of Bhopal for all deaths that occurred after the tragedy. If the civil liability suit had proceeded, UCIL would
have pleaded that medical ignorance, ill-preparedness and arrogance were as much to be blamed for the deaths as the lacunae
at the factory.
Before proceeding further about the attitude of government officials, let me pay tributes at this point to the "un-honored",
"unwept" and "unsung" railwaymen who stood like "boys on the burning deck" and saved thousands of railway passengers on
that fateful night. Forty five railway employees led by the then Station Manager, Harish Dhurve died on duty. These brave men
refused to flee and died doing what was beyond a normal call of duty. They blocked all passenger trains coming to Bhopal and
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made arrangements for quick exit of all the trains that had already reached Bhopal station. The dead bodies of Harish Dhurve
and his colleagues were found on their desks the next morning. It is indeed sad that the political class of India has never
thought it worthwhile to posthumously honor these men who showed valor and great commitment to duty on a night when the
Chief Minister and other officials of the state were fleeing.
Now let us come to the then Chief Minister – Arjun Singh. It took him a couple of days to come to grips with the situation.
But as soon as he gained his senses, he started doing what he knew best – giving orders without consulting anyone with
technical expertise. There was fear in the town that the gas might leak once again from the same tank. UCIL officers wanted to
run the plant to be able to finish the MIC lying in the tank. UCIL officers also wanted to access the plant and investigate the
cause of the leak – something that they have not been permitted to do till today. The government did not have many options in
the matter of running the plant to neutralize the MIC in the tank. UCIL officers were confident that there was no risk in
running the plant – after all they had operated it for more than 15 years. Arjun Singh agreed to allow UCIL officials to operate
the plant one last time on 16 December, but with his own style of melodrama added in. Arjun Singh and his team of
bureaucrats called it Operation Faith and ordered for the city to be evacuated. They also ordered for helicopters to spray water
on the plant when it was running. This helicopter-scene did not contribute in any way to the safety of the plant. It only helped
create a grand photo opportunity which all newspapers dutifully flashed on their front pages. The evacuation was a painful
experience for a city that was already traumatized. Almost a million people were made to flee without any reason. I was one of
the unfortunate ones who were forced to leave the city at that time and had to take shelter in my relatives’ houses as far away as
Delhi, Haryana and Punjab. People of city of Bhopal have received no compensation for the troubles caused to them by the
foolish Operation Faith.
Foolishness and inadequacy of leadership have been demonstrated again and again in the tragedy at Bhopal. It is the duty of
political leaders to act as voices of reason in times of crisis. Leaders must show the way based on universal values and not whip
up negative emotions like anger, revenge, greed etc. Unfortunately, the political leaders of Bhopal did nothing of the sort.
When Warren Anderson, Chairman of the parent company of UCIL, visited Bhopal immediately after the tragedy, he was
under no legal obligation to do so. Instead of appreciating his gesture, the Government of the state prevented him from even
going to the factory. Knowledge and expertise of Warren Anderson and other officials of Union Carbide worldwide could have
been used to identify the saboteurs, clean up or even remove the plant & machinery at the factory, carry out necessary research
to identify appropriate medical treatment for victims, plan relief operations and such other activities. Instead raw anger of the
people was allowed to dominate decisions. It took no time for the political leadership to initiate a hunt targeting Warren
Anderson and various UCIL officials. Anger, revenge and greed (of getting the maximum out of Union Carbide) dominated
the actions of the governments of both state and center.
In this situation, justice for the victims has come to mean something than no one with any knowledge of jurisprudence can ever
permit. The activists who demand the head of Anderson as justice for victims seem to believe in the barbaric rule of “An eye
for an eye and a tooth for a tooth” and have no understanding of the modern legal systems. ?
Article by:
Anil Chawla
ANIL CHAWLA is an engineer and a lawyer by qualification but a philosopher by vocation and a management consultant by profession.
--------------------------
Eradication of Poverty :: Possible in Easiest Way/ One Stroke

(Roshanlal Agrawal is a social activist and thinker. He has been discussing economic justice issues with
social activists, economists and organizations in all over India.)
Today, poverty is considered the greatest problem in the whole society or even nation. A lot of economists, scholars, and
sociologist, religious and political leaders are suggesting various measures to eradicate poverty. Even on international level,
government of various countries are launching several schemes and plans for the same but poverty is growing day by day and
no success is achieved. In spite of all these measures, poverty is still a major problem in the world. If we do a deep and careful
analysis of these measures, we will find that they are not proper and have been planned without taking care of the root cause of
the poverty. If we find the root cause of the poverty, it can be eradicated immediately by shortest possible way in a few minutes.
Note that, the actual reason for the present day poverty is not natural but artificial. It cannot be said natural because there is a
shortage of any goods or articles in the country. Every commodity or article is available in abundance and in sufficient quantity.
Production of all these things has grown manifolds and even growing day by day. We have enough food stuff and other relevant
products. All these have been made possible by the proper utilization and growth of physical science, machines and tools,
scientific farming and latest technologies. We have made rapid progress in all fields- production, agriculture, science and
technology, economy, per capita income etc. but still poverty is a major issue to be resolved. Actually, the reason of poverty is
artificial. It is due to faulty and defective distribution in the society. Rich are becoming richer and poor are becoming poorer
because the control of all these products and services are in the hands of some vested, selfish and corrupt people who have
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been responsible for the poverty in the country. It is due to mass accumulation of wealth in few hands and faulty distribution
system in the society causing poverty and increasing it.
The true and proper solution to the problem of poverty lies in judicious and fair distribution system in the country. The
simplest way to do the same is to remove all types of taxes levied in the country and in place of all these taxes only property tax
should be charged.
This property tax should be levied on above the normal level of income of a person and his property and the interest should be
at par the prevalent rate of interest. The income of this tax only will be five to ten times more than the sum total of all the
present taxes. After deducting the expenses from this tax, a huge amount can be saved. This huge amount should be distributed
equally as National Dividend among all the people of the country as Citizen’s Allowance or Voter’s Allowance.
By way of this distribution of wealth, every citizen of India can easily get approximately five thousand rupees per month. This
income will be the additional income towards National Dividend resulting out of development of natural resources of the
country as every citizen has equal right to it. Apart from this income, one’s personal income against his labour or services will
be extra. It will eradicate the vast gap and differences in income level of the people and finally will eradicate poverty
completely.
This measure to eradicate poverty will have great effect on the socio- economic conditions of the country. Population load on
the cities will be reduced as migration to cities will come down. The villages will be resettled and capable to absorb its people
and give them source of income. It will grow the productions and services contribution, even at village level, in National
Income. The prevalent conditions of present day tension, unrest, crime, begging, child labour, illiteracy, atrocities, adultery
etc.will be reduced and brought under control. This will reduce the gap and differences in society and people will live in peace,
brotherhood, cooperation and coordination. Illiteracy, poverty, health and education, all the other social elements will be
reduced to nil and it will give us a healthy, happy and prosperous society and country.
How to achieve it: Achieving this social goal is very simple- use your political rights. We know that our country is a democratic
country and every adult citizen has got the right to vote. We elect our representatives who become MLA or MP and form
government. They are the people who make laws for the country as Legislatures. They have got the right to amend the
constitution or its provisions. Taking care of the welfare of the society and country as a whole, they can make new laws and
amend the old ones to meet the goals. They have the control on executives and administrative machineries. Even judiciary and
rules and regulations for the country are controlled by these legislatives who are our elected representatives. They have huge
power and can do these changes.
Thus we see that we can achieve these goals easily without any confrontations. We can make these arrangements by way of our
voting rights. We can make the people aware of it; promote the youth for the same and make the citizen allowance an issue in
the election and work for the same. It will also eliminate the differences of caste, creed, language, religion and social disparities.
We have to stop the dirty politics in the society and nation and work for a judicious, equal and happy society. It will also
eradicate a lot of social and political crimes.
Perhaps, the present day politicians will not cooperate in this movement as they are engaged in massive corruption, dirty
politics and have been brought by the ‘Kuberpatis’. They have become their slaves and work for their benefits only. They have
lost their moral duties and social obligation. So, we should not wait for these politicians and create ‘New Forum’ to achieve our
goals and take participation of youths, scholars and scientist who are dedicated for the cause of society and nation as a whole.
We can make the majority and select such people as our representative who can assure the goal of eradication of poverty from
the society by above stated measures. We need sincere support of 80% of people of the society which will make it successful
because these 80% are the worst sufferers. This will be a revolutionary measure in the society that will transform the social,
legal and political view of the people and make complete eradication of poverty from the country. Our true and honest
representative will be representing in Legislative Assemblies and Parliament and they will change and amend the laws for
achieving this goal and we will lead a peaceful and happy life with respect and liberty.
The greatest benefit of this property tax will be that the load of tax will be borne only by the affluent people who are having
abundance wealth and property. Though their percentage is very less (about 20%) but they control the total distribution system
of our country and its economy. It will give relief to common people from the load of taxes. Secondly, it will make proper
utilization of all the resources and increase the productivity of the country. Thirdly, it will improve them entrepreneurship and
leadership qualities of the people and make the society prosper, judicious, equal and free from poverty, crime, unemployment,
etc…
To make these succeed, the new comities should be formed taking care of the following principles and
making them their priorities:
1. Remove all the taxes levied and are in force at present.
2. Personal property to be made public and its secrecy must be removed.
3. Declaration of all the personal property made compulsory.
4. Evaluation of property should be made according to the present market price.
5. Right to evaluation of property should be to its owner at first and society at the second level.
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6. If anyone wants to purchase any property, he can pay above 20% of the value declared and his owner will have to sell
it to him.
7. A citizen has the right to own a property upto his average income level. Above that he will have to pay tax at prevalent
interest rate. No other tax will be charged.
8. The income received from this property tax will be a huge amount to the government treasury.
9. The government should distribute this amount of tax equally among its citizens after deducting all the expenses.
10. This will bring economical and social security to the citizen and eradicate the poverty forever.
NOTE: To be taken care-
• Presently, the country is grilled with black money that is the root cause of corruption in the society. It must be
eradicated.
• As per the prevalent economic conditions of the country, only the property tax can contribute approximately Rs.5000
per month to a citizen as citizen or voter’s allowance.
• There should be proper charging of property tax to the affluent people so that its proper distribution can be done in
the society to make it healthy and strong. This provision should be made in the budget as budget is the heart of
economy and it supplies blood (money) to entire body (society).
Article by:
Roshanlal Agrawal
Raipur, Chhattisgarh
------------------------------------
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International
RWANDA: Newspaper editor murdered
The Writers in Prison Committee of International PEN (WiPC) protests in the strongest possible terms the murder of Jean
Leonard Rugambage, deputy editor of the banned newspaper Umuvugizi, who was shot dead outside his home on 24 June
2010. Rugambage had reportedly been followed and threatened prior to his death and it is believed that he was targeted for an
article he had published that day alleging government involvement in the attempted assassination of a exiled former Rwandan
army commander. The WiPC calls on the Rwandan authorities to carry out an independent investigation of Rugambage's
murder as a matter of urgency and to bring those responsible to justice, as well as to guarantee journalists' safety in the run-up
to the August 2010 presidential elections.
The following is an Urgent Action appeal issued by Amnesty International on 25 June 2010. Please send appeal letters
following the guidelines provided by Amnesty below:
***
DOCUMENT - RWANDA: INVESTIGATE MURDER OF RWANDAN JOURNALIST, JEAN LEONARD

RUGAMBAGE
UA: 143/10 Index: AFR 47/004/2010 Rwanda Date: 25 June 2010
Rwandan journalist Jean Leonard Rugambage was killed on 24 June. Authorities must establish an independent commission of
enquiry into the killing and ensure other journalists can work in safety.
Jean Leonard Rugambage, the Deputy Editor of Rwandan newspaper, Umuvugizi, was shot dead outside his home in the
Rwandan capital, Kigali on 24 June 2010. Jean Leonard Rugambage is the first Rwandan journalist murdered in recent years.
Jean Leonard Rugambage returned home around 10pm on 24 June 2010. He was shot dead as he reached the gate of his
home in the Kigali suburb, Nyamirambo. His exiled Managing Editor-in-Chief, Jean-Bosco Gasasira, has stated that witnesses
who heard the gunshots saw the unknown assailant drive away in a car. Police arrived at the scene soon afterwards, but Jean
Leonard Rugambage was already dead.
The Rwanda Police have confirmed that Jean Leonard Rugambage body remained at Kigali's Police Hospital and would not be
released for burial until a later date. Police investigations have been opened.
Jean Leonard Rugambage had been investigating the shooting of the exiled former Chief-of-Staff of the Rwandan Army,
Kayumba Nyamwasa, which took place in Johannesburg, South Africa, on 19 June 2010. Umuvugizi had published an on-line
article on 24 June 2010, the day of Jean Leonard Rugambage's murder, alleging that Rwandan intelligence officials were linked
to the shooting. In the days before his murder, Jean Leonard Rugambage had told colleagues that he felt that the surveillance
on him had intensified.
ADDITIONAL INFORMATION
Jean Leonard Rugambage's newspaper, Umuvugizi, was suspended in April 2010 until after Rwanda's presidential elections
scheduled for August 2010. The Rwandan High Media Council, a regulatory body aligned with the government, suspended
Umuvugizi for six months alleging they had incited opposition to the government and divided the army. Umuseso, another
private newspaper, was also banned for six months. The High Media Council later started court proceedings to initiate a
permanent ban against both papers. After the suspension, Umuvugizi continued to publish on their website, launched in May,
though their website was not accessible from within Rwanda.
Jean-Leonard Rugambage became the Acting Editor of Umuvugizi after the Managing Editor, Jean-Bosco Gasasira, fled
Rwanda in April 2010 after threats following Umuvugizi's suspension. Jean-Bosco Gasasira had been brutally assaulted in
February 2007 by unidentified men with iron bars. Prior to the attack, Jean-Bosco Gasasira, had also published several articles
critical of the Rwandan Patriotic Front (RPF), the ruling political party.
Over recent years, Rwandan journalists working for non-state media have frequently been threatened and physically assaulted.
Criminal sanctions have also been used against them to stifle freedom of expression. There have been no known cases of
Rwandan journalists murdered in Rwanda in recent years, but several journalists have fled Rwanda for their safety.
Such an attack comes, as the space for independent reporting fast diminishes before Rwanda's August 2010 presidential
elections. Amnesty International has called on the Rwandan authorities to respect the rights to freedom of association and
freedom of expression and to ensure that journalists can work freely, independently and with protection from state authorities.
UA: 143/10 Index: AFR 47/004/2010 Issue Date: 25 June 2010
(http://www.amnesty.org/en/library/asset/AFR47/004/2010/en/df97a1ae-0362-4b8c-b9e2-b451bee563e7/
afr470042010en.html)
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Useful links
Report by the Committee to Protect Journalists (CPJ) (25 June 2010):
http://cpj.org/2010/06/editor-of-censored-rwandan-paper-is-assassinated.php
Report by Reporters Without Borders (25 June 2010):
http://en.rsf.org/rwanda-newspaper-s-deputy-editor-gunned-25-06-2010,37812.html; http://fr.rsf.org/rwanda-le-journaliste-
jean-leonard-25-06-2010,37811.html (French)
Report by BBC (28 June 2010):
http://news.bbc.co.uk/1/hi/world/africa/10432592.stm
Source:
International Pen
-----------------------------------------
Indo-Pak Peace :: Pritam K. Rohila

Lately, government officials from both sides of the Indo-Pak border have been making right kind of noises in support of peace
between the two countries. We hope they really mean it, and pursue it diligently till they succeed.
Surely, it will not be an easy task. In order to accomplish this long-awaited dream of many Indians and Pakistani, they will have
to be sagacious and far-sighted. They will need to look beyond their instinctive fears and anxieties, and allow greater role for
their wisdom in their deliberations. They should transcend their turbulent history, and overcome mutual suspicions. Finally they
better rein in the rogue elements among them, so that any misadventure does not derail the process.
Otherwise any agreement they come to will meet the same fate the Tashkent, Shimla, and Lahore agreements did.
Peace between India and Pakistan is essential not only for a better future of these nations, but also for prosperity and security of
the whole South Asian region.
It is too important an issue to be left to the whims of the fickle and weak governments. It is time that the peoples of India and
Pakistan assert themselves. They should make their governments heed the needs of the common man, rather than work for
preservation of their own power and position.
In this context we are gratified to note that two major news organizations, the Times of India Group and the Jang Group have
launched Aman Ki Asha. So far they have succeeded in bringing together intellectuals, business persons, and ex-officials from
the two countries. Also they have provided a forum for common people, particularly the youth, to express their own aspirations
for peace.
Organizations like Pakistan Peace Coalition, Chandigarh’s Yuva-satta, and Lahore-based Institute for Peace & Secular Studies
continue to play an active role. Credit must be given to Indian organizations like the Asha Parivar, Centre for Study of Society
and Secularism, Centre for Harmony and Peace, All India Secular Forum, and Anhad; and Pakistani groups like Faisalabad-
based Association of Women for Awareness and Motivation, and Toba Tek Singh’s St. Peter’s High School, who are busy
promoting harmony within their own neighborhoods and cities. Their work will provide a firmer basis for peace between India
and Pakistan.
For the sake of the future of your and our children, we earnestly hope that you too will join these efforts. Won’t you, please?
Article by:
Dr. Pritam Rohila
the Executive Director of ACHA, the Association for Communal Harmony in Asia (www.asiapeace.org)
--------------------------
9
Statement of the Writers for Peace Committee of International PEN Concerning the Tragic Events
of May 31, 2010
The Writers for Peace Committee follows the Lugano Declaration in condemning individual terrorism as well as State
terrorism; we declare that those who resort to violence, even for a good cause, "annull the missions to which they are dedicated
and lose all claims to legitimacy" (quoted from the Statement of the 50th Congress of International PEN in Lugano,
Switzerland, May 1987).
We declare that:
1. Nothing justifies the violence and murders that the army of the State of Israel have perpetrated against the people on the
ships that brought humanitarian aid to Gaza. The use of firearms was entirely out of proportion and unsuitable as a response
to the resistance put up by the people on board. We strongly condemn these murders and regret the deaths.
2. We protest against the grave violation of the right to freedom of expression of the journalists on board.
3. We demand that the government of the State of Israel agree that an international committee investigate and throw light on
the events and establish responsibility.
4. To prevent the recurrence of such events, we demand that the State of Israel and the Palestinian Authority accept the
international monitoring of all ships so that the blockade can be lifted.
5. We ask that the two States, that of Israel which is already in existence, and that of the people of Palestine which has yet to be
established as soon as possible, recognise one another. We believe that the only way to achieve the peaceful coexistence of the
two States is through dialogue.
6. It is the role of the international community through its institutions to make this political dialogue possible. It must draw on
the resources of the respective cultures, particularly the literary ones, of the two peoples whose writers never cease to bear
witness, and who are committed to the accomplishment of peace.
June 14, 2010
Dr. Edvard Kovac

President of the Writers for Peace Committee of International PEN
Eugene Schoulgin
Secretary General of International PEN
-----------------
New research from the Environmental Working Group (EWG) shows that corn-based ethanol
biofuel is wasteful, inefficient, and a misuse of taxpayer money
New research from the Environmental Working Group (EWG) shows that corn-based ethanol biofuel is wasteful, inefficient,
and a misuse of taxpayer money. This flies in the face of conventional wisdom in Washington (which we all know means "fat
wallet wisdom") but agrees with the research you've already seen presented here on NaturalNews several times.
The study was written by Craig Cox and Andrew Hug this month for the EWG1 and has been presented to members of
Congress and others. It details how much money has been spent by U.S. taxpayers to subsidize corn ethanol and how little the
payoff for that huge investment has been.
First, an overview of what ethanol is and why corn has become the U.S. market's source of choice for making it.
What is ethanol?
Ethanol is, literally, grain alcohol. Properly called bioethanol,2 it is a clear, colorless liquid that is made from any of a number
of plants including corn, hemp seed, etc. Potatoes refined and distilled into vodka are a type of bioethanol.
Why corn?
Corn is the lobbyist's crop of choice in the U.S. for making bioethanol. The reasons boil down to who has the most powerful
lobbies in Washington and how much money Congress has been willing to pour into ethanol. Some of the most powerful
lobbies in D.C. are the industrial farm industry and the bioengineering industry. Since corn is a big money maker for both Big
10
Ag and is one of the most prolific of Monsanto's genetically modified seeds (GMO or GM food), it's a win-win-win for the
lobbyists, Big Ag, and the Congressional leaders they write the checks to.
Why corn ethanol is a loser.
The EWG's report shows that besides the environmental and human problems that come with using corn as a fuel source,3 the
dollar figures and fuel efficiency payoffs are infinitesimal. Even the amount of oil supposedly saved is tiny, especially considering
the huge sums of money being thrown into corn ethanol production.
Taxpayer subsidies mean that every gallon of corn ethanol adds an additional 0.45 cents (as of 2009-10) to the cost of a gallon
of gasoline. That's additional cost over and above the price of a gallon of gas, not instead of it. For this, we get a fuel that is
much less efficient than gasoline and thus only minimally adds to the benefits of its addition. E10 (10% ethanol, 90% gasoline)
is the most common blend in the U.S. The 10.6 billion gallons produced in 2009, however, replaced only 7.2 billion gallons of
gasoline thanks to this mixture.
That's not all, though. Because ethanol is less efficient than gasoline it cuts mileage by about 4%. Yet the proponents of ethanol
love to point out that it displaces gasoline. But when you do the math, it's not displacing that much. Increasing fuel mileage
nationally by 0.4 miles per gallon would do the same. That could be achieved by just using the recommended grade of motor
oil or keeping the vehicle's tires properly inflated. Tuning the engine has double the payoff and driving sensibly would increase
it by as much as 6.6%! Heck, just replacing clogged air filters increases economy by up to 1.2% and even if the government
bought one for every vehicle in America, it would not likely cost as much as the $5.4 billion they're projected to spend
subsidizing ethanol (not to mention corn) this year alone.
With all of the great technologies for improving fuel efficiency, getting us away from foreign oil imports, and replacing our
petroleum-based fuels and infrastructure with more natural and sustainable alternatives, why is it that our congress-critters
insist on throwing our tax dollars into corn-based ethanol?
Resources:
1 - Driving Under the Influence: Corn Ethanol & Energy Security by Craig Cox and Andrew Hug, Environmental Working
Group
2 - Bioethanol on FutureCars.com
3 - Ethanol burns dirtier than gasoline, study finds by Mike Adams, NaturalNews
4 - Counterthink: Fuel vs. Food by Mike Adams and Dan Berger, NaturalNews
Source:
Natural News
---------
11
Reports
Other action tools available to RTI activists
Sometimes, we start thinking that RTI is the only tool available to activist citizens. Then we start speaking of ourselves as “RTI
activists”, as if RTI is the only thing that matters to us. We forget our larger objective i.e. improving the quality of governance
and administration. We become over-focused on uncovering information, getting hearings, winning / losing appeals and
cribbing about Information Commissioners.
Such tunnel-vision happens to everybody – including myself -- because the process of RTI application and appeals are so
intensely discussed on various forums. There is a relative absence of thought and discussion on other tools available to public-
spirited citizens.
Please remember RTI IS ONLY ONE OF THE MANY POTENT TOOLS for demanding implementation of laws or rules,
for challenging established ways of doing things, for unleashing societal forces for change, for altering administration’s
perception and behavior on issues etc. etc.
What are these tools? Download this document: http://www.box.net/shared/5tb27k13gr
Article by:
Krishnaraj Rao
--------------------------------------------
An Appeal :: Make it Easier for People from India and Pakistan to Travel and Meet Each Other
Online petition “Make it Easier for People from India and Pakistan to Travel and Meet Each Other” is now ready for your
signatures at http://www.ipetitions.com/petition/pakistan-india-travel/ .
Please help us publicize it and urge your friends and list-serves to sign it, so that we have a sizeable number of signatories,
before we present it to the Foreign Ministers of India and Pakistan at their next meeting on July 15.
Appeal by:
Pritam K. Rohila, Ph.D.
Executive Director
Association for Communal Harmony in Asia (ACHA)
www.asiapeace.org
www.indiapakistanpeace.org
----------------------
PM’s Press Conference Aboard on his return from G-20 Summit in Toronto
What were your expectations from G-20 Summit, especially when it is seen as a rich countries’ forum against the less richer
ones ? Are you satisfied with the bilateral talks?
Answer.
Well this meeting of the Group of was in some way the preparation for the summit meeting in Seoul this November. I think the
Summit has helped in charting out the agenda and action points for the summit which will be firmed up in Seoul. As far as our
immediate concern with regard to the situation in the Eurozone, the situation of the banking system in Europe and there was
agreement that the recovery that has taken place in the last year is rather fragile. What is needed is a calibrated attempt at fiscal
consolidation rather than a one size fits all sort of action. In that way there is progress, even those countries which want to go
ahead with fiscal consolidation, I think the caveat is that this must be done in a growth-friendly manner and my impression is
that even those European countries who came out with targets at fiscal consolidation they have been going about their business
12
with due caution. In that way the Summit has played a useful role in clarifying what is the scope for fiscal consolidation and
what manner the process of consolidation should be found. As far as India is concerned, our banking system remains well
managed, our economy is growing at a rate of 8.5% per annum, our fiscal situation is a cause for concern but when we
compare the fiscal deficit or the GDP debt ratio of the major developed countries, I think we come out much better.
In your meeting with Sikh members of parliament of Canada, did they raise the terming of 1984 riots as genocide?
Answer.
Well I met parliamentarians belonging to the Indian Diaspora. I complimented them, I praised them with regard to the
achievements of the members of the Indian origin communities and the niche which they have carved out for themselves in
Canadian public life, in Canadian economy, in services. So it was an attempt on my part to tell them that we in India take great
pride in their achievements and that the community should remain united. It should not allow the divisive politics of our
subcontinent to derail the cohesiveness that is necessary to ensure that the Indian communities continue to get their due share
in the Canadian set up.
Does the fuel price decontrol indicate you are ready for tougher reforms? Are we going to see further deregulations?
Answer.
Well I can’t tell you what we are going to do next. I think that when things get crystallized in the Government system you will
know them. With regard to petroleum prices, the fact that petrol prices have been set free, the same is going to be done to the
diesel prices, was much needed reforms. And the adjustment that has been made in the prices of Kerosene and LPG were also
necessary, considering the very high amount of subsidy that is implicit in the pricing structure of Kerosene and LPG. We have
taken due care to ensure that the poorer sections are affected to the least possible extent and that is why the attempt to keep
under regulation the prices of kerosene and LPG.
Has the decision to hike fuel prices been taken under some pressure?
Answer.
There is no pressure on Government of India from any quarter. What we need is to do the right things by our country. The
subsidies for the petroleum products have reached a level which is not connected to sound financial management of our
economy. So it is taking that into account that this decision has been taken to put some burden on the common people, but I
think it is manageable.
In the G20 Communique issued this time around, has there been a situation wherein any country has been forced to go against
its own national economic policy?
Answer.
We are dealing with the affairs of sovereign nations. There is, I think a growing concern that the increasingly inter-dependent
world in which we live in, there is need for macro policy coordination to a much greater degree than that has been feasible in
the past. People have talked about macro economic co-ordination that the consolidation of the financial system, the fiscal
consolidation must be undertaken in a manner that is growth friendly. The IMF has put forth some categories of the countries
where approaches may be similar in tackling the problems macroeconomic co-ordination. But it is too early to assess the
process. The IMF will come with its financial assessment of the financial imperatives of each of the 20 countries- and that
would really be the time, I think people would be able to judge how far countries are willing to subordinate their sovereignty to
the needs of managing an increasingly inter dependant world.
You have been working hard on making peace with Pakistan. You discussed with President Obama as well. In case of another
26/11 attack happening from Pakistan against India, how do you propose to go?
Answer.
The Home Minister has been in Pakistan earlier last week. You must have read what he has stated. I think there is some hope.
As I have said in dealing with Pakistan our attitude has to be – trust – trust but verify. So only time will tell which way the
animal will turn.
What is your view on the Tobin tax?

Answer.
There is now a lot of discussion on corporate governance .I think good corporate houses are looking at what they can do in the
non traditional key in providing social services, education, health facilities for their employees. I think that it’s a corporate
responsibility which has to be shouldered by the corporate sector on its own, we are not contemplating any legislation in that
area.
Well the Tobin tax has merit in particular situations but as far as India is concerned we have not reached a stage where capital
flows have become a problem. I think if capital inflows into our country both by way of direct investment and by way of
portfolio investment have been at reasonable levels, we don’t face situations of the kind which would require an imposition of
Tobin Tax.
What are your views on the proposed expansion of BRIC. My second question pertains to what is the relevance of G8 when
G20 is the leading forum?
Answer.
As far as BRIC is concerned we are members of the group. We would like the BRIC countries to consult with each other on all
the issues which have bearing on the global economic management and as far as expansion of its membership is concerned
that’s a matter that is to be discussed by the members themselves. It is not proper for me to make any public comment.
13
As far as G8 is concerned, I think it is for G8 countries to decide. But as far as G20 is concerned it has been agreed that this
will be the premier forum for discussion of the international economic issues and I talked to Canadian Prime Minister who said
that here after the G8 will probably deal with security issues much more vigorously than it has been doing thus far in the past.
What are the plans for President Obama’s visit to India?

Answer.
Our relations with the US are very good- as discussed with President Obama yesterday the preparations for his visit. We have a
really ambitious agenda. He will be sending his National Security Adviser in the second week of July. He will meet our National
Security Adviser Shiv Shankar Menon and they will chalk out the agenda for President Obama’s visit. We look forward to a
very successful visit of President Obama and so does the President.
Opposition to fuel price hike is mounting in India and even your alliance partners are concerned. Your take on this issue?
Answer.
Well I read about the intentions of the opposition in the Press. I have not talked to anyone myself , nor I have been briefed by
our political establishment What I am considering is that what we have done by way of adjusting the petroleum prices is that
people of India would appreciate the compulsions, which have compelled us to undertake this measure. And our people are
wise enough to understand that excessive populism should not be allowed to derail the progress our country is making, and for
which it is winning kudos internationally as well.
In your talks with President Obama, did you take up the issue of supply of Chinese reactors to Pakistan? Would there be a
cabinet expansion during the monsoon session?
Answer.
About your first question on my discussions with President Obama, it was essentially a discussion to explore the agenda of
President Obama’s visit to India later this year in the month of November. So I did not have the time to dwell on the issues that
you have raised.
And as far as the monsoon session and cabinet reshuffle is concerned, I think that Press Conferences are not the appropriate
places to announce Cabinet changes. When they are made, you will hear about it.
Industrial disasters impacting on climate have also plagued US. Given the aftermath of the Bhopal tragedy, did you take up the
issue of extradition of Warren Anderson with the US side?
Answer.
Well, we are where we stand. We will try to ensure that US Government takes a more favourable attitude towards extradition.
But we have not approached them yet. I did not raise this issue in my discussions with President Obama. We will cross the
bridge when we come to it.
On the Bhopal Gas tragedy issue, isn’t there a collective failure on all parts, the government, political establishment and the
judiciary?
Answer.
What we propose to do has been made clear by the GOM, whose report has been endorsed by the Cabinet. It is a fact, it is true
that our judicial processes are time consuming , that it should have taken 25 years before the case could be decided is
something that we have to reflect about and the inadequacies of our judicial system.
Don’t you think that the Congress establishment should come clean on who was responsible for letting Anderson go? What is
the reality of the issue?
Answer.
What is the reality, we are not hiding anything. I think the GOM has looked at records. There is nothing that they have come
across by way of the definite findings as to who took the decision. Those records are not available now.
Source:
Prime Minister Office, India
-------------------------
14
India-Canada Joint Statement during the visit of Prime Minister

The Prime Minister of India, Dr. Manmohan Singh, visited Canada from June 26 to June 28 at the invitation of the Prime
Minister of Canada, Mr. Stephen Harper. During his visit, Prime Minister Singh participated in the G-20 Toronto Summit and
held bilateral discussions with Prime Minister Harper.
The two Prime Ministers, in reviewing the state of bilateral relations, welcomed the enhanced interaction in a broad range of
areas, visits and other exchanges between the two countries. They expressed their desire to broaden and deepen economic,
diplomatic, educational, scientific and cultural ties between India and Canada.
The two Prime Ministers also solemnly observed the occasion of the 25th anniversary of the bombing of Air India flight 182
“Kanishka” on June 23, 1985, in which 329 lives were tragically lost. They strongly condemned terrorism in all its forms and
manifestations and agreed to direct their respective Governments toward greater cooperation in counter-terrorism and security-
related matters.
Reiterating the need for intensifying global cooperation in combating international terrorism, they called for an early
conclusion and adoption of the Comprehensive Convention on International Terrorism within the UN framework.
Prime Ministers Singh and Harper welcomed the signature of the Agreement for Cooperation in Peaceful Uses of Nuclear
Energy, which will help facilitate civil nuclear cooperation between the two countries. They both committed to the ratification
of the agreement and the completion of all remaining steps necessary to ensure its early implementation. They underscored
the potential for mutually beneficial civil nuclear cooperation and trade.
The two leaders committed to expanding a range of activities and institutional frameworks that will contribute to the shared
goal of increasing bilateral trade to $15 billion annually in the next five years. During Prime Minister Harper’s visit to India in
November 2009, both countries had signed a Memorandum of Understanding (MOU) to establish a Joint Study Group to
explore the possibility of a Comprehensive Economic Partnership Agreement between India and Canada. The two Prime
Ministers welcomed the conclusion of that report, in which the Joint Study Group identified substantial potential economic
gains that both countries could achieve through such an agreement. The two Prime Ministers noted that the recommendations
in the report will be examined by both countries and necessary processes for obtaining approvals will be initiated immediately
and will aim to be completed by the end of October.
The Prime Ministers also announced their commitment to an annual dialogue on trade and investment between Canada’s
Minister of International Trade and India’s Minister of Commerce and Industry. They also welcomed the possibility of an
India-Canada CEO Roundtable later this year.
The two Prime Ministers looked forward to the early signing followed by ratification and implementation of the Social Security
Agreement. They noted that the Foreign Investment Promotion and Protection Agreement was under negotiation and looked
forward to its early conclusion. These two agreements will make a significant contribution to the commercial and economic
interaction between the two countries.
The Prime Ministers welcomed the signing of a Memorandum of Understanding on Earth Sciences and Mining and looked
forward to signing a Memorandum of Understanding on Transportation, noting the scope for bilateral collaboration, trade and
investment in the natural resources and infrastructure sectors.
Agriculture and agri-food cooperation represent another area of enhanced exchange and both leaders looked forward to the
progressive implementation of projects identified under the January 2009 MOU.
The Prime Ministers recognized some of the greatest strengths in the relationship lie in the vibrant and longstanding people-to-
people ties. In that regard they encouraged the expansion of linkages in key areas including education, academic relations, arts,
culture, sports and tourism.
To further enhance the considerable momentum achieved in exchanges and collaboration amongst a broad range of higher
education institutions in both countries, the Prime Ministers welcomed the signing of a Memorandum of Understanding on
Higher Education Cooperation. This framework will facilitate academic exchanges, partnerships and mobility between higher
educational institutions in the two countries.
The Prime Ministers also noted initiatives to link Canadian and Indian universities and colleges, including in curriculum
development and the creation of Chairs and Centres for Indian studies at a number of Canadian universities, such as, for
example, those in the process of being established at Carleton University and McGill University.
They also welcomed the initiative to organize the Festival of India in Canada in 2011, which would present a comprehensive
range of Indian culture through performing arts, exhibitions, film festivals, food festivals, among others, as well as the
upcoming exhibition of masterworks of Inuit Art from the National Gallery of Canada, which will be presented at the
National Museum in New Delhi in the fall of 2010. They look forward to the Commonwealth Games in India in October
15
2010. To facilitate further co-operation in these areas, the Prime Ministers welcomed the signing of an MOU on Cultural
Cooperation.
To achieve the goals set out in this joint statement, the two leaders reaffirmed their commitment to sustained political
engagement and a structured exchange of high-level visits and regular dialogues between their officials. Building on the existing
annual India-Canada Foreign Policy Consultations, Strategic Dialogues, Trade Policy Consultations, the Joint Working Group
on Counter-Terrorism, the Agriculture Working Group, the Joint Science and Technology Cooperation Committee, the
Environment Forum and the Energy Forum, they agreed to promote further policy exchanges between ministries and
departments of both Governments.
Source:
Prime Minister Office
------------------------------------
Sign in the petition against discrimination of Dalit students in Indian Universities

The following is an online petition against discrimination of Dalit students in Indian universities. Please sign in this and make
this campaign a success.
This needs to be taken up seriously when hundreds of Dalit students are denied of their right to higher studies in most of the
professional institutions. Also there are several cases where Dalit students were forced out of the campus even after geting
admitted. Futher there are scores of cases of suicide of Dalit students.
Hence Dalit Mukti Morcha Chhattisgarh request you to take it seriously and also to send it to friends on your list so that we
could have at least 10 million (1 crore) signatures by July 15.
Kindly follow this link to sign in the petition http://www.petitiononline.com/93466770/petition.html
-------------------------
Jamia organizes a workshop on “Providing Crisis Mental Health in Disasters”

New Delhi, India
The University Counseling & Guidance Centre of Jamia Millia Islamia in collaboration with Indian Association of Clinical
Psychologists (IACP), North Zone had organized a workshop on “Providing Crisis Mental Health in Disasters” on June 25,
2010 from 10 AM to 2 PM in the Committee Room of Nehru Guest House, Jamia Millia Islamia.
The aim of the workshop was to prepare psychologists, counselors, and other certified/licensed mental health practitioners to
respond to the emotional and psychological needs of people affected by disasters. 40 delegates actively participated in the
workshop, conducted by Dr. R. Kevin Rowell on behalf of the University of Central Arkansas, American Psychological
Association and Indian Association of Clinical Psychologists.
In the initial part of the workshop, Dr. Rowell focused on the prevalence of disasters and common reactions to it. He provided
rationale behind different reactions by different individuals to same crisis situations. It was explained on the basis of diathesis-
stress model. According to him, much of the reaction is decided by a person’s innate personality and his/her coping skills.
He elaborated the concept of psychological first aid and its effectiveness in reducing the negative psychological impact of
disasters. The differences between the reactions of children and adults were also discussed. He also took up the principles of
intervention with children.
Further, he discussed long term recovery interventions. Under this, he focused on trauma and post-traumatic growth. Towards
the end of the workshop, he focused on the need of self-care for professional who work in crisis situations as disaster has an
impact on them too.
16
Mr. Dherandra Kumar, Clinical & Child Psychologist and IACP Executive Council Member, North Zone also highlighted the
lack of human resource in India capable of providing psychological first aid and long-term intervention in crisis/disaster
situations. He stated that this in turn has effect on individuals and society’s well being. He further highlighted the need to have a
network of professionals that can provide support in case of disasters and added that in future there is also a plan to have
similar, but more comprehensive workshops throughout the country to develop human resources to strengthen the need of
mental health care in disasters.
The University Counseling and Guidance Centre has been quite active in conducting various program for resource
development and this one was a step in the same direction.
Source:
RINA INTERNATIONAL SERVICE
----------------------------------------
RIVER :: Rokeya Institution Of Value Education & Research

A preparatory meeting took place in the house of Sri Sunil Pal, Retired Headmaster, to form the dream institution ‘River’ on
Saturday the 19 June, 2010 at 6 P.M. Sri Sunil Pal presided over the meeting.
Since long Panihati- Sodpur area is a center of activities for the Welfare of mankind. Efforts have been made by the
epistemologists of this area to reveal those activities and preserve the respective heritage places. Such acts attracted many men
of letters as well as common people and received valuable support from important quarters of the state. All are glad to observe
that now the resonance of those activities are attracting global response. Rose Bruford College of Theatre and Performance,
London under the guidance of Mrs. Saheen C. Westcombe visited the place to know more about Rokeya, the daughter of
Bengal ,who is now gradually appearing as one of the best Educationalist and Human Right activists of the World. The college
produced a drama ‘Rokeya’s Dream’ based on her science fiction written a century ago.
The Director, Bangla Division of Voice of America , also visited the place not only for Rabindranath or Rokeya but being
inquisitive to know more about the Mosquito Eradication Programme originated scientifically here more than a century ago.
The movement built thousands of co operatives for the purpose. The father of Mr I.B.Chaudhury the Director, legendary
Habibullah Bahar, the first health minister of erstwhile East Pakistan (now Bangladesh) also made historical contribution as a
leader of the movement. He was searching for the connectivity.
Such examples are many. The call of the day is to continue the researches and to establish wider net work for the cause.
The meeting realized that to propagate the messages of VALUE EDUCATION particularly to the younger generation the
necessity to build an institution with the purpose to work on the “Nation Builders on Women Emancipation and Community
Undrestanding”.
The following proposals were unanimously accepted.
The name of the proposed organization-

ROKEYA INSTITION OF VALUE EDUCATION & RESEARCH (RIVER)
Regd. Office: House of Sunil Pal, J.M.Avenue, Pansila, Sodepur, Kolkata-700112
President: Sunil Pal

Vice -Presidents: Ira Chakrabarty, Rabindranath Chattopadhyay, Lokeman Hakim, Kalyan Chaudhury, Kalpana Basu
General Secretary: Prantosh Bandyopadhyay

Secretaries:
Prof. Dr.Syed Tanveer Nasreen, Krishanu Bhattacharya
Treasurer :Purnima Ray Chaudhury

Members: Bakul Dev, Satadal Dev
The committee took decision to include others interested and actively working for the cause.
---------------------------------
17
Cops’ odd behavior makes RTI activists ask, “What are they hiding?”
Tuesday 22 June, Mumbai,
On Saturday, RTI activists’ alarm bells started ringing when a dozen cops in police van no. MH01-SA-3313 parked on Western
Express Highway near Borivli National Park, behaved strangely. A posse of cops loitering outside the compound of an under-
construction high-rise building belonging to matka-king-turned-builder Pappu Sawla refused to identify themselves or their
superior officer. A couple of them covered their name plates with their hand when activist Krishnaraj Rao tried to note their
names. They also avoided identifying the senior officer in charge of their van when asked, until the police control room was
contacted.
Rao had approached the cops saying that he wanted to report destruction of a public property. The footpath that the cops were
standing on was being driven over by trucks and drilling rigs entering the construction site from the highway. Rao asked the
cops to check whether the contractor had any papers authorizing this. To his chagrin, the cops shied away. So much for
Mumbai Police vaunted campaign asking people to be Alert Citizens!
In the midst of this heated argument (at about 11.40 pm), activist Girish Mittal, who was passing by, dialed 100 Police Control
Room and gave the phone to Rao. When Rao talked to the police headquarters about the cops’ strange behavior and tried to
give the phone to the cops, they refused to take it, but pleaded, “Please get off the phone, we will tell you our senior’s name”.
Then one cop reluctantly identified himself as Assistant Sub Inspector (ASI) S G Sarang and said he was in charge of the van.
Sarang claimed that the vehicle was patrolling the highway from Dahisar to Goregaon, and had one constable each from many
police stations between Dahisar and Goregaon.
Sarang then asked Rao to go with him to Kasturba Marg police station and register a complaint against the builder, to which
the latter readily agreed. At the police station, however, duty officer Duduskar bluntly refused to register the complaint. (Note:
Rao had approached Mr Duduskar and his boss, Senior Inspector Rajendra Thakur, the previous day. They had refused to
write down a complaint, and told Rao to get directions from the municipal corporation first.)
Two years ago, activist G R Vora (98691 95785) had a similar experience near CST station when he tried to note down a traffic
policeman’s name and badge number. The cop turned aggressive and nearly hauled him off to the nearby Azad Maidan police
station. Only timely intervention by a very senior journalist, who was passing by, saved Vora from further unpleasantness.
“Citizens are expected to produce their driving license and identification when cops demand it. So what gives cops the right to
hide their identification?” asks Vora.
Activist Sunil Ahya (98200 71606) had a similar incident last year when he had an exchange with some traffic cops at
Goregaon signal, and tried to read their nameplate and note down their names on his mobile. They turned abusive and
threatened to take him to a police station. “It seems that policemen have still not got used to the idea that citizens can and will
hold them accountable. They seem to believe that their authority entitles them to get away with anything,” remarks Ahya.
“If the cops are upholding the spirit of the law, they have nothing to fear from us,” avers Rao. “If they act suspicious, hide their
names and intimidate citizens who ask them legitimate questions, what are the remedies before a citizen? Where should a
citizen lodge a complaint against such behavior,” he asks.
Background information & Photos

“Sai-Iscon” construction work started on a plot (CTS no. 550, 551 and 552) that is said to belong to matka king Pappu Sawla
(Also see Times of India, 20th June, page 5). This landlocked plot has no entry or exit other than the highway, and is therefore,
construction is illegal as per Section 18 of Development Control (DC) Regulations. However, Section 22(5) of the regulations
says that the Municipal Commissioner can order the occupants of the adjoining plot to give access. So, if Sai-Iscon is built
without proper authorization to open a gate on the highway, the building will be “regularized” by using Rao’s building
compound as thoroughfare, causing a nuisance. Rao phoned BMC’s 24-hour complaint line 1916 and submitted two
complaints (No. 0720833366 and -68), and is struggling to get various authorities to sit up and take note of various violations.
Contrary to popular misconception that only the municipal corporation is responsible in preventing such illegalities, the police
is also responsible as per the Indian Penal Code. However, because of police refusal to register complaints and take prompt
action, and because of endless buck-passing between police, Mumbai’s municipal corporation, MMRDA, PWD and other
authorities, builders get away with all sorts of illegalities and public-spirited citizens are frustrated in their efforts to bring them
to book.
1. Photos of the patrol van & evasive cops outside construction site, taken by Rao:
http://www.box.net/shared/0zaxib5i7z
2. Photos of the construction work violating numerous provisions: (i) destroying footpath near highway (ii) cutting trees (iii)
carrying out piling work for foundation less than one metre away from adjoining building compounds: http://www.box.net/
shared/toobodd3dk
By
Krishnaraj Rao
18
STATE LEVEL NGO AND CIVIL SOCIETY CONSULTATION ON NATIONAL POLICY FOR
CHILDREN WAS HELD in North East
A state level NGO and Civil society consultative process on National policy for children 1974, reaffirming recognition,
renewing commitment for Review and Recommendation 2010, was held on 21st June 2010, at Holy Cross Church Hall,
Dimapur. Rev. Fr. C.P. Anto, the director, Peace Channel in his keynote address welcomed the participants and while lying out
the objectives of the consultation informed that this is an important national initiative to examine and assess a landmark policy,
and to formulate recommendations which will reaffirm country’s recognition and acceptance of what it must do for all children
in the Nation. The Policy for Children has stood the test of time in its basic principles and provisions over the 36 years since it
was adopted. Sadly, the Indian State has not used it well enough for the benefit and security of children. He also affirmed that
peace education and children’s right should be encouraged and made mandatory to empower the children to be the best
citizens. The recommendations drawn from the consultation will be presented at National Level Consultation to be held at
Delhi, soon.
Rev. Fr. Mathew John, Secretary of Education Commission Diocese of Kohima was the chief guest. In his message he said that
child right situation in the state is pitiful, citing the cases of child discrimination and narrating his exposure to various countries
in the world, he encouraged the NGOS’and civil society leaders to learn from the models, existing in the world. Mrs. Hukheli
Watsa, President Naga Women Hoho was the guest of honor. In her message she appreciated t he Policy and wished the
NGO’s to play an active role in the promotion of childrens right. The consultation through group discussions and sharing
reviewed the policy paper and come up several recommendations to address specific child rights issues in Nagaland context and
for effective implementation of the policy in true spirits. Recommendations included urgent constitution of State Child Rights
Board with representation of boy and girl child; ensure trained teachers on job in all Govt village schools, ensure publicity on
free and compulsory education for all children up to the age of 14, ensure and create health facilities including inpatient and
first-aid, ensure mid-day meals in all remote village schools on day to day basis and adoption of child-centered teaching
methodologies. There were over 40 persons including 21 women representing civil society organizations; like Naga women
Hoho, Churches, Schools, NGOs working for child welfare like; Prodigal home, Transformation Resource Center, FVTRS,
Children Home, DAN, Guardian Angel, ACID and CAD Foundation, etc actively participated in the consultation. Peace
Channel, a Youth Peace movement, an initiative of Diocese of Kohima organized the consultation with supports from Catholic
Relief Service (CRS).
The consultation began with invocation prayer by Rev. Fr. Chacko, Parish Priest Holy Cross Church. The detail of National
Policy on Child Right 1974 was presented by Ms. Ella Director Prodigals Home and group discussions were facilitated by Fr
Chacko.
Report by:
Peace Channel Desk
--------------------------
Anti-Corrupt Laws get teeth in M’rashtra; FIR against 28 corrupt officials

When dozens of corrupt officials of BMC, MHADA, Registrar of Cooperatives, Mumbai Police colluded with crooked
redevelopers and the managing committee of Tilaknagar cooperative society to give Sanjraj Mangeshkar sleepless nights, they
never imagined that he could have them booked under the anti corruption laws. But that is exactly what he succeeded in doing,
after pursuing the matter for years with RTI applications and a writ petition in Bombay High Court. A Bombay High Court
order that Sanjraj procured in September 2009 enabled him to register an FIR against 28 officials with the Anti Corruption
Bureau in February 2010.
Sanjraj’s success has opened the way for thousands of other aggrieved citizens like him in their quest for justice. His writ
petition stayed a government circular in force since 1972, which was being cited by the police as a reason for not registering
such complaints against officials. The order by Justice Bilal Nazki and A R Joshi noted, “According to this circular when there is
an allegation of corruption against an officer, before the Anti Corruption Department starts investigation it is required to refer
the matter to the department to which such officer belongs, for a preliminary enquiry. We are of the prima facie view that once
the offence is disclosed under the Prevention of Corruption Act, then the Investigating Agency under the Prevention of
Corruption Act is bound to investigate the matter. Therefore, any circular placing restrictions on their power which is available
to them under the Prevention of Corruption Act and the Criminal Procedure Code appears to be illegal.
“On various occasions the respondents have sought time to argue the matter finally. Today also an adjournment is sought. In
this view of the matter, we admit this petition and direct that the circular dated 21.2.1972 shall not be implemented by the Anti
Corruption Agency and whenever a complaint is received by them, they shall investigate the matter irrespective of the circular,
in accordance with law.”
19
This order relates to a Public Interest Litigation filed in 2008 by Anna Kishanrao More, with which Sanjraj’s matter (Criminal
Writ Petition 1845/09 and Criminal Application 402/09) was clubbed for hearing. The PIL and Sanjraj’s petition are
scheduled to be heard on June 10, and it is hoped that the dubious circular will be permanently quashed by the High Court.
This will put a seal of finality on the new-found power of Maharashtra’s citizens to put corrupt officials, cops and others under
the scanner.
1) THE PREVENTION OF CORRUPTION ACT, 1988: http://www.box.net/shared/x9a6utkf9g

2) Maharashtra Govt Circular 1972: http://www.box.net/shared/dfifj70nn2
3) Bombay HC order Staying the above circular: http://www.box.net/shared/ob4rq29v6f
4) Mangeshkar's FIR against 28 persons (Marathi): http://www.box.net/shared/a676xx9g1r
5) Names of 28 persons in FIR (English translation): http://www.box.net/shared/fd0909hpud
6) Sections of Prevention of Corruption Act & IPC applied against 28 persons in FIR (English translation): http://
www.box.net/shared/59rxuh9ov9
7) Mangeshkar's heroic 5-year struggle against crooked redevelopers: http://www.box.net/shared/evq26uv6jd
---------------------------------
RTI reveals how babus steal ‘power’ from civil society

Opaque and unaccountable selection of Information Commissioners is the tip of the iceberg. Girish Mittal’s RTI applications
are veiling a more widespread scam being carried on in broad daylight. There are literally hundreds of posts under various
central ministries, theoretically meant for ‘eminent citizens’ from all walks of life, but in practice available only to political
cronies, retiring bureaucrats and other insiders in the corridors of power. Ironically, various legal provisions and rules are cited
as justification for such patently lawless appointments; the truth is that many of these legal provisions have no criteria for
identifying suitable candidates. The appointment of 14 members of National Committee for Promotion of Social and
Economic Welfare is a classic example of this.
I. Let us see how such posts are legitimately supposed to be filled.
A. What does the Constitution say?

Article 16 is about Equality of Opportunity in Matters of Public Employment. It says, “There shall be equality of opportunity
for all citizens in matters relating to employment or appointment to any office under the State.
B. What is DoPT’s acknowledged role?

As per DoPT’s induction material 2008: “The role of the Department of Personnel & Training can be conceptually divided
into two parts, In its large nodal role, it acts as the formulator of policy and the watch-dog of the Government ensuring that
certain accepted standards and norms, as laid down by it, are followed by all Ministries/Departments, in the recruitment,
regulation of service conditions, posting/transfers, deputation of personnel as well as other related issues. Towards this end,
guidelines are issued by it for the benefit of all Ministries/Departments and it monitors the implementation of these guidelines.
It also advises all organizations of the Central Government on issues of personnel Management. At a more immediate level,
the Department has the direct responsibility of being the cadre controlling authority for the IAS and the three Secretariat
Services in the Central Secretariat. The Department also operates the Central Staffing Scheme under which suitable officers
from All India Services and Group ‘A’ Central Services are selected and then placed in posts at the level of Deputy Secretary/
Director and Joint Secretary, on the basis of tenure deputation. The Department also deals with cases of appointment to posts
of Chairman, Managing Director, full-time functional Director/Member of the Board of Management of various Public
Sector Undertakings/ Enterprises, Corporations, Banks and financial institutions. It also deals with the assignment of Indian
experts to various developing countries.”
C. What do DoPT’s guidelines say?

Point 3(1)(i) of Search Committees guidelines 1994 says, “A Search Committee can be constituted only for posts that do not fall
within UPSC’s purview. Point 3(1)(ii) says, “It is to be kept in mind that as a rule, appointments in government are to be made
on the basis of open advertisement. Therefore, proper advertisement of vacancies to be filled up by direct recruitment is an
essential requirement. There may, however, be situations where advertisement itself may not result in adequate response for
recruitment to similar posts which require specialized scientific/technical knowledge and experience. It is only in these
situations that Search Committee should normally be appointed to locate suitable persons with the desired qualifications and
experience to augment the response to the advertisement.
Further, the introductory paragraph of Search Committee guidelines ‘07 clarifies, “These instructions are primarily applicable
to posts in the Government but also apply mutatis mutandis in the case of posts in autonomous / statutory organizations.”
20
II. Let us see the Information unearthed by RTI applications.

Activist Girish Mittal & his father Kishanlal filed RTI applications with several authorities under various central ministries
asking about selection procedures.
a) RTI application to NCPSEW (National Committee for Promotion of Social and Economic Welfare) under Revenue
Department of Finance Ministry
Information sought: Minutes of meetings held for selection of members of National Committee for Promotion of Social and
Economic Welfare
Reply given: “There is no provision in law / rule of Income Tax Act 1962 to hold a meeting for selection of members of
National Committee. In exercise of the powers conferred by Section 35 AC of the Income Tax Act read with sub-rule (1) and
(3) of Rule 11G of Income Tax Rules 1962, the Central Government appoints the persons as Chairman and Members of the
National Committee from among persons of eminence in public life.
Download this RTI application and replies: http://www.box.net/shared/tuoxjupxaa
b) RTI application to Ministry of Social Justice & Empowerment

Information sought: In respect of various commissions under this ministry, viz. National Commission for Scheduled Castes,
National Commission for Backward Classes, National Commission for Safai Karamcharis, National Minorities Commission,
National Commission for Scheduled Tribes, detailed information was sought about selection procedures followed.
Reply given: Replies have been received so far from three of these Commissions. They all are saying the same thing: All the
replies blandly assert that the appointments are as per applicable legal provisions and rules. Appointments are being made
without attracting applications, issuing advertisements or circulars, and holding meetings of selection committees as mandated
by DoPT’s guidelines. No minutes of meetings or correspondence are being provided as to when and how these selections and
appointments are made. In two of the three cases, Mittal is asked to inspect the records. National Commission for Backward
Classes states that no such material exists. Information regarding names, designations and bio data of candidates who applied
for the post is denied by all three Commissions on various grounds.
Download this RTI application and replies from three Commissions: http://www.box.net/shared/v2ix64bf7y
Mittal’s earlier investigations had unveiled appointments of Central Information Commissioners without any due procedure,
and often in completely crooked and convoluted ways. The appointment of A N Tiwari, Satyananda Mishra and Omita Paul
at Central Information Commission were terrible instances of lack of due procedure.
Clearly, accountability and transparency in appointments are missing throughout the administration.
III. Why the buck stops with DoPT.
DoPT’s induction material 2008 indicates that the buck stops with DoPT, which, being directly under the Prime Minister, is the
only department empowered to tackle these malpractices in various ways. The induction material gives details of various
watchdog mechanisms on corruption and administrative malpractices, all under DoPT:
4.5.1 Administrative Vigilance

An important element of personnel management is the maintenance of the professional ethics and standards of the
bureaucracy. The Department of Personnel & Training determines Government policy for the maintenance of the integrity of
the public services and eradication of corruption and coordinates the activities of various Ministries/Departments in that area.
However, all Ministries/Departments and offices of the Government of India have the direct responsibility for the
maintenance of discipline and integrity of their staff by taking preventive measures and eradication of corruption in their
operational area of work.
4.6 Central Vigilance Commission

Advice on all vigilance matters is provided by Central Vigilance Commission. It has jurisdiction and power in respect of all
matters to which the executive power of the Central Government extends. The Commission enjoys the same measure of
independence and autonomy as the Union public Service Commission. The Commission has its office at Satarkta Bhavan, INA
Colony, New Delhi.
4.7 Central Bureau of Investigation

The Central Bureau of Investigation (CBI) is the premier investigating agency of the country and watchdog of the nation to
arrest the growing menace of corruption as also to investigate the various types of banking, non-banking and the multitude of
economic and other conventional offences. A new addition to its function is investigation of inquiries into terrorist crimes,
vandalism etc. Cases are referred to this agency, on the basis of concurrence of the State Governments, by the High Court as
well as by the Supreme Court and there is an ever growing public demand for CBI investigation on account of the general
perception that investigation by the CBI is more objective. The CBI has its headquarters office in Block No. 3, CGO Complex,
New Delhi.
4.8 Joint Consultative Machinery

There is a well-structured machinery for joint consultation between the Central Government and its employees on a wide
variety of service matters having a bearing on the administration and the general interests of the Government employees. It is a
21
three-tier machinery consisting of the National Council, the Department Council and the Regional/Office Council. Service
matters, pertaining to the interests of the generality of the employees or specific groups of them, are dealt with by this
machinery.
4.9 Central Administrative Tribunal

In spite of the elaborate system of rules and regulations, which govern personnel management, there are Government
employees who feel aggrieved by the Government decisions. The courts used to take many year to decide these cases and
litigation was expensive. In order to provide speedy and inexpensive justice to employees aggrieved by Government decisions,
the Government set up the Central Administrative Tribunal (CAT) in 1985, which now deals with all cases relating to service
matters which were previously dealt with by courts up to and including the High Court. There are now 17 regular Benches of
the CAT functioning in various parts of the country, including its Principal Bench at Delhi.
For updates and queries, contact Girish Mittal, 93234 62428, mittalgirish @ gmail.com
---------------------------------
RTI reply of Bureau of Industrial Standards shows failure to adequately test

The Product Certification Scheme of BIS aims at providing Third Party Guarantee of quality, safety and reliability of products
to the ultimate customer. Presence of ISI certification mark known as Standard Mark on a product is an assurance of
conformity to the specifications. The conformity is ensured by regular surveillance of the licensee's performance by surprise
inspections and testing of samples, drawn both from the market and factory. The certification allows the licensees to use the
popular ISI Mark, which has become synonymous with Quality products for the Indian and neighbouring markets over the
past 50 years. The Bureau's predecessor, the Indian Standards Institution began operating the product certification Scheme in
1955. Presently more than 21,000 licences are in operation covering about 1000 products. Government of India, on
considerations of public health and safety, security, infrastructure requirements and mass consumption has enforced mandatory
certification on various products through Orders issued from time to time under various Acts.
RTI activist Kishanlal has unearthed a major scam in the product certification scheme of BIS-where they are playing with the
lives of innocent consumers who blindly trust ISI mark before buying into any product. There are several products such as
Valve fittings for use with liquefied petroleum gas cylinder, Low pressure regulators for use with liquefied petroleum gas (LPG)
mixtures, Multifunction valve assembly for permanently fixed liquefied petroleum gas (LPG) containers for automotive use,
Diagnostic Medical X-Ray Equipment, Plastic Feeding Bottles, Steel tubes for structural purposes, Milk-cereal based weaning
foods, Processed cereal based complementary foods for infants, Infant milk substitute, milk protein based, Packaged Natural
Mineral Water, Packaged Drinking Water (Other than Packaged Natural Mineral Water), Valve fittings for gas cylinder valves
for use with breathing apparatus et al require compulsory certification and can prove to fatal if not of proper quality.
According to BIS Certification Regulations 1988, BIS is required to draw atleast 2 market and 2 factory samples for continual
product quality assessment. Documents unearthed from BIS under RTI Act, 2005 reveal a shocking story. BIS is not even
collecting one factory sample and one market sample for testing. In 2007-08 BIS drew only 12940 market samples and 15420
market samples for 20025 licences-which is not even 1 market and 1 factory sample. Similarly in 2008-09 BIS drew 13583
market samples and 13947 factory samples for 20972 licences. In 2009-10, till Feb 2010 for which data is available, BIS drew,
for 22103 licences, 7326 market and 12953 factory samples respectively; which is only 20% of the samples required to be
drawn. It is interesting to note that BIS charges testing fees for entire 2 market and 2 factory samples inspite of consistently
failing to test samples as required. No doubt BIS has built in surplus of few hundred crores. BIS has become money minting
machine instead of independent 3rd party product tester, its “raiso de etre”. ISI Mark is no longer the trusted mark of millions
of consumers it used to be.
According to insider sources -even for products which are tested, most times reports generated without actually testing the
product due to abysmally low testing charges paid by BIS. According to documents unearthed under RTI Act, 2005, BIS keeps
the testing charges low to keep the “outflow” low. A proposal was mooted in 2005 to increase the testing charges, which
remains unimplemented.
-----------------------------------
22
India: Prosecute Soldiers in Kashmir ‘Encounter Killing’

New York
The recent killing of three men by soldiers in Jammu and Kashmir in an apparent faked encounter with so-called militants
underscores the urgency for the Indian government to repeal the Armed Forces Special Powers (Jammu and Kashmir) Act
(AFSPA), Human Rights Watch said today. Under the Act, which has been in force in Kashmir since 1990, soldiers may not be
prosecuted in a civilian court unless sanctioned by the federal government, which is extremely rare.
Police have accused Col. D.K. Pathania and Maj. Upinder Singh of the 4th Rajput Regiment of killing three Kashmiri
villagers on April 30, 2010. The military men falsely claimed that the villagers were anti-government militants and shot at the
Line of Control (LOC), the effective border separating the Indian- and Pakistani-administered regions of Kashmir. The army
ordered an inquiry, suspended the major, and removed the colonel from command.
"We have seen too many army inquiries, supposed suspensions, and false promises of punishment whenever soldiers are
implicated in killing civilians," said Meenakshi Ganguly, senior South Asia researcher at Human Rights Watch. "But when the
dust settles, the army obstructs prosecution under the Special Powers Act, and fails to deliver justice."
The army claimed that it killed three militants after it foiled their attempt to infiltrate in the Machil sector of the Line of
Control, and displayed AK-47 assault rifles, ammunition, and Pakistani currency allegedly recovered from the men. Police
allege, though, that a member of the Territorial Army, Abbas Hussain Shah, deliberately lured the three men - Mohamad
Shafi, Shehzad Ahmed, and Riyaz Ahmed, all residents of Nadihal in Baramulla district - into army custody with an offer of
jobs.
Police arrested Shah, along with two alleged accomplices, after relatives reported that the three men were missing. The police
said that Shah had admitted that he took the men to a village near the border, from which soldiers transported them to the
Line of Control. Shah said he was acting under orders from Major Singh. The three bodies were later exhumed and identified
by their relatives in the presence of a magistrate.
"The army's narrative of shooting infiltrators is the same tired story used time and again to claim military glory," Ganguly said.
"The army's special powers to operate in conflict areas are being repeatedly abused and should be withdrawn."
A government-appointed review committee recommended repealing the act in 2004 because of repeated abuse. In 2009, the
Indian government promised to revise the law to ensure human rights protections, but the bill has yet to be placed before
parliament. The army has resisted any curtailment of its powers under the act, particularly its immunity from prosecution,
saying that it will lead to frivolous complaints and will hurt troop morale.
Human Rights Watch has documented numerous cases of faked "encounter killings."
For instance, in a 2000 case in Pathribal, the Central Bureau of Investigation filed murder charges against five army officers -
Brig. Ajay Saxena, Lt. Col. Brajendra Pratap Singh, Maj. Saurabh Sinha, Maj. Amit Saxena, and Subedar Idrees Khan - for
their role in abducting and killing five villagers in a staged armed encounter. The army challenged the charges under AFSPA
since federal government approval had not been sought before the charges were filed. Court proceedings in the case still drag
on, and none of the accused have been taken into custody or brought before a judge. According to some media accounts, some
of the accused have continued to serve in the army and received promotions.
In 2007, five alleged militants killed in a joint operation in Gandherbal by the police and the army later proved to be civilians
who had been abducted and murdered. Although charges were filed against the police officers involved, the army officers
implicated were not handed over to the police for arrest and prosecution.
The army repeatedly claims that it prosecutes and punishes those found responsible for human rights violations in its military
courts. Yet the army has never provided information to the public to support this assertion. The army has promised that the
inquiry into the Machil incident will be transparent and that anyone found guilty will be punished.
"If the army is serious about punishing those responsible for this latest incident, it will transfer the suspects to the police for trial
in a civilian court," Ganguly said. "Given the army's poor record in holding its soldiers accountable, there is no reason to
believe that a military court can be trusted to deliver justice."
Source:
Human Rights Watch
-------------------------------
23
SURVEY ON PEOPLE'S VIEW ON LAND FOR MLAs IN OLD MAHABALIPURAM ROAD,

CHENNAI, Tamilnadu
Tamilnadu,
The Tamil Nadu Chief Minister has announced that 50 acres of land along the Old Mahabalipuram Road in Chennai would
be allotted to MLAs at market value, so that they may construct their homes. Old Mahabalipuram road is an area in Chennai
where the land prices are skyrocketing.
Nandini Voice for the Deprived, a Chennai based NGO conducted a survey amongst the citizens of Tamil Nadu to know their
views on whether such special allotment of land for MLAs is justified.
Nandini Voice For the Deprived contacted around 3000 citizens, belonging to the cross section of society at various education
and income level.
through email and letters. The details about the survey was also published in a few newspapers. In addition, several persons
belonging to lower income group were contacted in person and their views ascertained during the informal discussions.
In all, 510 persons responded with their views including those who conveyed their views through email and over telephone and
during informal discussions.
Findings of the study:
Of the 510 persons who responded , not even a single person said that the Chief Minister’s move to allot land for MLAs was
justified. The proposal was questioned and criticized on several count.
Several persons said that they were afraid to convey their dissenting views since the matter concerned the politicians and the
decision of the Chief Minister and they insisted that under no circumstances, their name should be revealed. This shows the
sense of fear and insecurity prevailing amongst the citizens in expressing their views particularly in matters concerning
politicians.
Most of the persons expressed their helplessness and wondered whether their dissenting view would matter at all, since the
Government and politicians do not really seem to care about public opinion and views of the common men and they go ahead
with their agenda whatever they may be.
Several persons also opined that this move should be stopped which can be done only by filing a public interest litigation in the
High court. However, very few said that they would file such petitions themselves.
Many citizens expressed the hope that their dissenting views should be made known to the government and the Chief Minister,
so that the Chief Minister would withdraw his move to allot land to the MLAs.
Report by:
N S Venkataraman
--------------------
24
Again a case of Torture by BSF - victim is under pressure

Name of the Victim: -
Mr. Kushalya Seikh son of Late Harej Uddin Mondal aged about 53 years residing at Village- Bichpara, Post- Bamnabad,
Police Station- Raninagar, District – Murshidabad, West Bengal.
Name of the Perpetrator(s):

Mr. Kamal Hossain, the commandant and 2. One constable of Bamnabad BSF camp under Battalion no. 105 of BSF, were on
duty at Observatory point II of Bamnabad BSF camp, District - Murshidabad, West Bengal.
Place of incident:
Near - Out post no. 11 of Bamnabad Border Security Force (BSF) camp, District – Murshidabad, West Bengal.
Date & time of the incident: -

On 22/05/2010 about 03.30 am.
Case Details: -
Masum received information that on 22/05/2010 at around 3.30 pm while Mr. Kushalya Seikh was busy in fishing at river
Padma in front of observatory point (OP) II of Bamnanbad BSF camp one on duty BSF constable called him at the said OP.
Mr. Kamal Hossain, the commandant of the said OP was taking rest there. Kushalya alleged that the BSF person who called
him was in drunken condition. The BSF personal asked Kushalya for electoral photo identity card (EPIC). He replied that he
was not supposed to cross the OP, so he did not keep his EPIC with him. Then those BSF personal started verbal abuses with
sexually intimidating terms. The victim was also beaten black and blue by those BSF personnel with a bamboo stick and butts
of their service rifles. Finally the victim was released from the BSF OP.
On the same day around 4.15 pm the victim informed about the tortures incident to our member over phone and subsequently
one of our members took him to Raninagar Police Station for lodging a formal complaint. But realizing his health condition
Mr. Pabitra Mitra Mostafi, the Officer-in-charge of Raninagar Police Station asked to take him to Godhanpara Primary health
centre for medical treatment. At around 7.45 pm the victim was taken to Godhanpara Primary Health Centre. Around 8.25
pm Doctor Mr. Atikur Rahaman examined him and noted the details of his injury at the register vide Register serial No. 1682.
Then again he was taken to Raninagar Police Station and subsequently he lodged his complaint. One criminal case vide no.
278/10 under section 341/325 of Indian Penal Code has been initiated by the said police station against BSF personnel. But
none of the accused has been arrested till date.
BSF is trying to suppress the incident by pressurizing the victim through one local Panchayat (village level administration)
member.
Report by:
Kirity Roy
--------------------------
25
Columns
Journal for Right to Information

The National RTI Forum has decided to bring out a “Journal for Right to Information”. This shall be a six-monthly journal
which shall try to cover different aspects related with Right to Information. The journal shall be bilingual (with both Hindi and
English language). The first issue shall be brought on 13th October 2010. This date has been chosen because the RTI Act,
which was passed by Parliament on 15 June 2005 came fully into force in the mid-night of 12th and 13th October 2005. We
shall also be conducting a Seminar the same day (i.e. 13th October 2010) to mark five years of the coming into force of the
Act.
The theme for the First Issue of the journal is- “Five years of RTI Act”.
A list of suggestive topics is-
1. RTI Act- Legal analysis

2. Challenges in implementation of RTI act
3. RTI activists- a new breed of activism
4. State/ Central Information Commissions- Performance
5. State/ Central Information Commissions- Challenges and handicaps
6. Impact of RTI Act in Rural India
7. Impact of RTI Act in Urban India
8. RTI- Future Prospects
9. Role of RTI in governance
10. Success stories in RTI
11. RTI martyrs
12. Major changes brought by RTI Act
13. RTI- common man’s perspective
14. RTI across the world
These topics are only suggestive in nature and one can certainly think of any other topic of relevance associate with the broad
theme of “Five years of RTI Act”.
The Article shall range between 800 to 1200 words. Kindly send appropriate Articles by 1st September 2010 at
nationalrtiforum @ gmail.com or nutanthakurlko @ gmail.com.
The postal address for sending Articles is-

Dr Nutan Thakur,
Associate Editor,
Journal for Right to Information,
5/426, Viram Khand,
Gomti Nagar,
Lucknow
-----------------------
Why national media is silent on the deaths of Aadivasis by the Security Forces :: Gladson
Dungdung
I Have Seen Her Crying
On June 13, 2010, we 12 Human Rights Activists of Jharkhand started our journey before the dawn. We had heard a horrible
story about an Adivasi woman who was killed in crossfire between the security forces and the Maoists. Her name was Jasinta.
She was mere 25 years old married woman enjoying her life with her family in a village. Of course, she was a mother of three
kids whose lives are at stake now. Therefore, we wanted to know the truth. We wanted to know whether she was a Maoist. The
most important thing we wanted to know is, in what circumstances her right to life was taken away by the mighty gun and her
three kids’ lives were put in the dark before the dawn. We wanted to know about the state’s response to the heinous crime
against humanity. And of course, we wanted to know whether these three kids are innocent like the kids of our security forces?
26
Our fact-finding mission started moving on wheels. In the blazing sun of mid summer, we traveled across Chidambaram’s red
corridor. Perhaps, the Adivasis of these areas would not have heard the buzzword ‘red corridor’. They would love to call these
areas as “Adivasi corridor” instead of the red corridor. However, we did not see any Maoist in the forest. But of course, we saw
the half-burnt forest, trees and greenery. Thousands acres of forest were burnt by the security forces while carrying out
operations for hunting the Maoists. Perhaps, they could not hunt the Maoists but they hunted beautiful plants, herbs, wild
animals, birds and innocent insects. They burnt the houses of wild animals, birds and million insects. Indeed, the Adivasis
would have been booked under the forest conservation Act 1980 and the wild life protection Act 1972 if they had burnt the
forest.
After 7 hours long journey, finally we reached to a village called Ladi, which is situated in a dense forest of Barwadih block of
Lateher district in Jharkhand. The Kherwar Adivasis write their surname as “Singh” are in the majority in the village. There
are 56 Kherwars families, 2 Oraons, 11 Porenya, 10 Korba, 1 Lohra and 1 Saw family reside in the villages. At the entrance of
the village, the Kherwar Adivasis were cutting stones, which is their traditional occupation. They told us that each Kherwar
family earns Rs. 80 per day by cutting stones. They sell the final product to small traders. The economy of the village is based
on agriculture, forest produces and daily wage. Though the villagers were busy in their routine work but there was complete
silence in the village. It seems like an empty village. No one would smile. They are living with fear, agony, anguish, uncertainty
and anger.
After the introduction ritual was over, we were told to visit to the house of 28-year-old Jairam Singh, whose wife Jasinta was
shot dead by the security forces on 27 April 2010. We entered into a beautiful mud house. The environment of the house was
still full of shock, agony and anger. The family members were silent. The shock, agony and anger were visible on their faces.
We were asked to sit on their traditional beds, which is made of wood and rope. After a few minutes Jairam Singh appeared in
front of us with his two kids – Amrita and Suchit. He was not able to come back to normal life. He could not speak. He was
still in the state of shock and agony. Whenever we asked about the incident, he just started weeping. He is a temporary forest
guard therefore when the incident took place; he was in duty at a place called Garu, which is 20 KM far from his village.
Jairam told us that he has three kids therefore he demands for Rs.5 lakh as compensation, government job and education
support to his children. He just says, “I want justice”. We saw Jairam’s two kids with hopeless face, feared and shocked. We
wanted to see one more kid, who was merely 1 year old. Her name is Vibha Kumari, a sweet baby playing in her grandmother
Bajwa Devi’s lap that time. We wanted to take some snap shots of these three kids with their father. But after seeing us Vibha
started crying. She didn’t want to appear before us. She was crying continually even in her father’s lap. Perhaps, she assumes
that we were there to snatch her from the family similar to what the security forces did with her mother. She was only crying,
crying and crying. I was just shocked to see her endless cry for her mother.
Jairam’s younger brother 18 year old Bishram Singh, who was present at Home when the incident took place on April 27, 2010
told us what had happened that night in the red mud house. According to him the incident took place at 7:30 PM when all the
family members were preparing for going to bed after having dinner together. Suddenly, they heard the sound of firing, coming
from the outside of their home. Some one shouted, “Come out of the house otherwise we’ll set fire on the house”. After
hearing terrified voice, they came out of the house except a cattle caretaker (Puran Singh) who was sleeping in the room.
The Security Forces tied the hands of Bishram Singh and abused others. There were about 12 security forces well dressed and
guns in hands. They asked, “Is anyone inside”? They told to the security forces that their cattle caretaker is sleeping inside. The
Jawans asked to bring him out of the house. Jasinta entered into the house for waking up cattle caretaker and bringing him out
of the house. The security forces also entered into the house and started firing. One bullet hit Jasinta’s chest when she was
coming out of the house with Puran Singh (cattle caretaker) and another bullet hit Puran Singh’s left hand. Jasinta fell down
and died in the spot.
The security forces told Bishram Singh that he should tell the police officers, the media and the people that his elder brother’s
wife was killed in crossfire and also told not to go for protest against the police. They threatened him for dire consequences if
he goes against the will of the security forces. After the postmortem was conducted on April 28, Bishram was asked to put his
signature on a blank paper. After the final rites, the villagers started protest against the cold blood murder and they had even
gone to file a FIR against murderers of Jasinta but the FIR was not register in Barwadih police station. The case was merely
recorded in a daily dairy. However, the police file a FIR, which blames the Maoists for murder of Jasinta.
After series of protest, the government announced Rs.3 lakh as compensation and a government job to the family of the
deceased. Unfortunately, nothing has been done yet. The Family members were not given postmortem report, death certificate
and copy of the FIR. On May 14, the police deployed a Journalist Sanjay Kumar of Hindustan (Hindi daily) as a mediator
who brought Jairam Singh to Barwadih police station, where the officer in charge Birendra Ram asked Jairam Singh to put his
signature on a blank paper and accept a cheque of Rs.90,000. But when Jairam Singh denied for putting his signature on a
blank paper, the officer in charge sent him back with empty hand. Ironically, the security forces shot dead Jairam Singh’s wife,
threatening to the family members for dire consequences and they are also attempting to swallow the compensation package.
Despite the family members and villagers made many attempts by from pillar to post but no action was taken against the
security forces and local police.
The Cattle caretaker Puran Singh, who is under treatment in Latehar Sadar hospital, also tells the complete story of what had
happened in the house of Jairam Singh on April 27, which has no contradiction with the words of Bishram Singh. But the
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Barwadih police are putting hard efforts to convert the cold blood murder as a result of crossfire between the Security Forces
and the Maoist. According to the Police version, the bullet of the Maoists killed Jasinta. While observation, we found the marks
of two bullets on the wall, which had been fired from the entrance of the house reveals the truth. In the case of crossfire there
would have been some sign of firing on police from inside of the house. The best evidence is, after firing on Jasinta, the security
forces went inside the house and conducted search operation but they did not find any Maoist. The house has only one
entrance therefore there is absolutely no change of the Maoists fleeing away, which clearly means there was no change of
crossfire but it is a clear case of cold blood murder committed by the security forces.
After brutal murder of Jasinta by the security forces, her husband Jairam Singh has been playing a role of mother too. He looks
after his three kids - Amrita Kumari, Suchit Kumar and Vibha Kumari. Now his youngest baby Vibha Kumari is surviving on
cattle milk. Whenever the security forces faced bullet there is a tendency of the national media debate. The biggest question
here is why there is no such national debate for Vibha, Suchit and Amrita? Why those beautiful shining faces do not debate in
television channels when innocent children are made orphans by the bullet of the security forces? Why the Media is not
sensitive to the issues of the Adivasis like Jasinta’s kids? Are these three kids not innocent? Are they a security threat to the
nation? Why don’t we believe on the words of innocent villagers who have been facing the bullets of the security forces
continually? Why there is a tendency of believing only on the holy words of the security forces and local police whose bullets
take away the right to life of these innocent villagers.
I can understand the pain, suffering and agony of losing the parents. But here the story is extremely different. When my
parents were brutally murdered, I was young enough to understand and bear the pain, suffering and anger of such a heinous
crime. But these children don’t especially baby Vibha doesn’t. She doesn’t know where her mother has gone. She only cries in
search of her mother’s lap. She cries in search of mother for breast-feeding. And of course, she cries in search of her mother’s
love and compassion. Is she not innocent like the kids of our brave security forces? Who will wipe out tears from her eyes? How
will she react when she would come to know that the security forces gunned down her mother? Can we blame her if she walks
on the path of revenge against the security forces? Will the security forces again gun down her because she would become the
biggest national security threat and we’ll let our licensed gunmen to enjoy impunity as they have been doing in a democratic
country? Will this nation ever be sensitive to those thousands of Adivasis children like Vibha, Suchit and Amrita or we have to
witness many more children crying for breastfeeding, love and compassion of their parents. Where does buck stop for violation
of the rights of innocent Adivasi?
Article by:
Gladson Dungdung
Human Rights Activist and Writer from Jharkhand.
Credits: Countercurrents, Sanhati, Openspace, Jharkhandmirror
-------------------------
Bringing out the kill

It was a black and white picture. That too, not of very clear resolution. But what was clear was that a body of a dead was being
carried by security personnel. The hands and legs were tied to a pole, and the body was being carried out like that of a carcass
by the grim faced security forces.
According to the police authorities, she was a Maoist killed in an encounter. At a distance, she seemed to have civilian clothes,
but clothes do not make a Maoist, one can claim.
But is this the way to treat the dead? Even if the dead is an “enemy combatant”, after all a citizen of the state?
When the mutilated bodies of 16 Indian security personnel were returned by Bangladesh several years ago, there was a huge
uproar. People were not so much upset by the alleged incident of border violation by the Bangladesh Rifles police force. What
seemed unbearable was the way the bodies were hanged from the poles, akin to that of the carcasses of wild animals. It seemed
to be the ultimate form of disrespect. As a nation, citizens rose up and demanded justice against this humiliation. It was a blow
to the national pride.
Will there be any such hue and cry over similar treatment of the body of a woman, a citizen of the country, though one who
had purportedly taken up arms against the state?
One strongly doubts if this will be the case. For the last few months had seen one debacle after another for the Indian state in
its war against the Maoists. First there was the horrific massacre of 76 security personnel in the forests of Dantewada. Barring
the few initial shots of bloodied bodies, all one was left with was a long row of caskets. And then there was the tragic incident of
the ambush of the bus near Sukhma, not too far from Dantewada, which claimed 35 more lives. This time, as there were no
28
security personnel involved (apart from “special police officers”), there were no caskets. All that remained was some twisted
remains of a bus and bodies by the broken road, bodies covered by sheets.
A respect for the dead. The security personnel who gave their lives for the sake of the state, and the civilians who were caught
in the conflict. In the end, they were all citizens of India.
Respect for the dead goes beyond any specific writ in the constitution or legal law. A dead person cannot pose any danger, nor
can he or she continue working on any cause, good or bad. In death, strangely enough, we all become human. While it is in our
nature to commemorate a well-lived live by paying the final respects to the mortal remains as the person passes forever from
our sights, it is also in us to acknowledge that human being in all by showing respect to a dead person, however ill-lived that life
had been. It is not in us to desecrate or disrespect dead bodies.
Then why was the body of the woman shown that way in the media? What purpose does it serve?
Perhaps it is an implicit acknowledgement of how adivasis are viewed n Indian society. Since the invasion by the Aryans, these
people have always been treated as if they were subhumans. And today, when the rest of India rushes headlong into
“development”, these people living in the “museum cultures” are being even more left behind. Their marginalisation has led
them to join the Maoist movement in large numbers, and also have led them to protest by other means. In response, instead of
trying to address the root causes of the problem, the state has launched “Operation Green Hunt”. The people who have dared
to take up arms against the state will need to be exterminated, like wild animals that pose dangers to humans. What we see is a
kill being trumpeted as a trophy.
Looking closely, one fails to see why the body was carried out in the first place. Very likely, this woman, Maoist or not, was a
tribal living in the forest. The boy with the disheveled hair and vacant look, who was captured in the same operation, who we
now know is dumb and possibly mentally challenged, does seem to be one such. He certainly was not like the very different
looking army personnel, possibly from the cities and plains of Northern India, who were escorting him. Since the woman was
allegedly in the same group, very likely she was a tribal as well. As the personnel had reached the body, they could have easily
searched and confiscated any relevant papers or arms and ammunition, and left the body, possibly to be taken away by her
comrades or relatives for a tribal burial.
The only rationale that explains this is one of making a statement. A statement of the crudest and most vindictive kind. The
state needed a victory. Blood for blood, eye for an eye. Body for a body. If it cannot show the face of shining success, it can at
least show that it is not beaten. If it cannot eradicate the structural violence that leads the poorest to stand up against it, it can
at least show the shining India that those people who stand up will not get the claim to being a human, something that was
denied to them in life.
Strangely enough, this is not the first time that the bodies of people standing against the state has been marked for desecration.
Lalmohan Tudu, the mild-mannered elderly leader of the PCAPA, who was brutally gunned down as he was walking unarmed
near his house, and that of Laxman Jamuda, the innocent villager who was killed in Kalinganagar, Orissa, were both taken to
the police station, out of bonds of their mourners and relatives. In fact, the reign of terror was so complete, that their relatives
did not dare ask for their bodies. Reports indicate that the return of the bodies could lead to independent examinations and
exposure of the illegality of their executions. Something that the state understandably wanted to cover up. But for all purposes,
their relatives and their friends just wanted to pay their final respects. By denying them that last wish, the authorities could have
the free hand in humiliating their memories, leaving Lalmohan and Jamuda forever in a cloud of false suspicion.
The possession of the bodies could be the cover of the failure of state. But how long can the starving masses, deprived of their
livelihoods, can be hidden in the recesses of the darkness that engulfs the narrow beam of light that is the shining India? Can
the millions of starving carcasses be carried out of their forest dwellings to clear that darkness? Or by bringing that darkness
out, are we not accepting the failure of the light to shine?
By failing to honour the dead civilian, the state has implicitly acknowledged its failure to live up to the rights of the people. It is
not a march of triumph, but a march of failure. And what was carried out was representative of the death of the once vibrant
living community that formed the heart of the country. We can at least give that body its final dues in memory of what should
be and could have been.
Article by:
Siddharth Mitra
credits to http://sanhati.com
-------------------------
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How to use RTI to protect open public spaces from encroachment

Sometimes, the alarm bells in our heads start ringing when we see a sudden surge of activities in a plot that has lain vacant for
years and decades….. suspicious activities such as:
• Trees start getting chopped on an open plot for no apparent reason.
• Poor people materialize from nowhere and start living on the edges of a public maidan, and then their numbers seem
to rise every few days. At first they live in flimsy makeshift tents made of old sarees, and then they start squatting inside
tiny brick-and-tin structures.
• A public garden or vacant lot is suddenly the target of a construction crew. Construction material such as bricks, steel
rods etc. start getting stacked around it. Unusually rapid construction activity is initiated on a Friday evening, with a
completion target of Monday morning before the Municipal offices open.
• Buildings are erected rapidly in a vacant lot without first laying a firm foundation, or RCC framework.
• RCC structures are being constructed behind a frontage of shacks and slums, so that one cannot ordinarily see it
happening.
• Garage and Chinese kitchens operating from makeshift sheds by the side of a public maidan at first start washing cars
and utensils inside the maidan, and then gradually occupy it by stages, extending their makeshift sheds and making
them increasingly pucca structures over some months or years.
• A political party’s flags and symbols are aggressively planted in a vacant plot, and a few weeks later, a party office
springs up overnight.
• A small temple or mosque suddenly goes into expansion mode and occupies nearby lands.
• A trust or association adopts a Recreation Ground or Play Ground (RG/PG) under the municipality’s scheme. It puts
up a clubhouse or gymkhana over, say, 30% of the plot, but, instead of making the remaining 70% available to the
public (as per the terms of the agreement) for recreational activities, they start minting money by renting out the
ground for weddings etc. Sometimes, they convert the surrounding roads into their private car-parking lot by posting
uniformed watchmen, placing potted plants on the road etc. These watchmen may even restrict access to motorists
and pedestrians.
Does all of this sound familiar? These are a few signs of encroachment which trigger alert citizens to ask the municipal
authorities some uncomfortable questions. Timely RTI applications and prompt complaints to the local ward officer, local
police station and also the municipal commissioner can prevent daylight robbery of open spaces that rightfully belong to all of
us.
What are the key documents that one should ask for under Right to Information to expose such rackets? Download this
checklist of “What to ask for under RTI to prevent encroachment of Open Spaces”: http://www.box.net/shared/0v2diiopkp
CONCLUSION:
When faced with persistent and methodical RTI queries and complaints, it is observed that municipal corporations often --
though not always -- respond by demolishing illegal structures like garages and sheds within some weeks. When challenged,
illegal constructions have been known to come to an abrupt halt, and encroached territories have been vacated overnight,
bearing testimony to the power of the common citizen to make a difference.
Article by:
Krishnaraj Rao
----------------------------
India: Don’t Muzzle Critics

The battle with India's Maoists has begun, and it has become bloody. Maoists have ambushed and killed over a hundred
security personnel in recent months. Media reports say Maoists have also engaged in reprisal killings of alleged informers and
"class enemies". There is suspicion that the Maoists sabotaged tracks, leading to the train wreck that killed nearly 150
passengers in West Bengal last month. Government forces have also allegedly committed abuses - arbitrary arrests, rape, and
torture - as they advance against the Maoists.
The debates too have become heated. The government has called upon civil society to condemn the Maoists and end any
"intellectual support" for their cause. Groups providing material support to criminal acts should be identified and prosecuted.
But a blanket suggestion that anyone who speaks openly about government failures or warns against human rights violations is
a Maoist backer and anti-state will have very serious repercussions for free expression.
The Maoists, also called Naxalites, have a presence in almost 200 districts across several states. State governments, in India's
quasi-federal structure, are responsible for law and order, and thus have primary responsibility for handling the Maoist violence.
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The Indian government has said the Maoists pose the biggest threat to the country's internal security. To address this, it has
provided Central federal paramilitary to state governments to assist local police forces. The Union Cabinet, while recently
turning down a proposal to deploy the Army, agreed that it must assist with training. Prime Minister Manmohan Singh's
government insists that winning public support is also crucial in this battle. In what it calls a "two-pronged" approach of
security and development, the government has initiated several projects to address a serious lack of resources in these areas,
which include some of the country's most marginalised communities.
A strong civil society can help the government deliver on its development goals and monitor progress. But just as important, the
media and non-governmental organisations can serve as watchdogs to report abuses by both sides. Mistakes are likely to occur
in any operation of this scale, and only with access to information can a democracy provide prompt and effective redress to
those unfairly harmed, instead of allowing rage over injustices to compound the problem.
This is particularly important because the states, often driven by their own political imperatives, have not always subscribed to
the Centre's approach. The Centre, for instance, has condemned the vigilante Salwa Judum in Chhattisgarh, which forced
villagers out of their homes into government camps, killing, raping and committing arson to enforce their plan.
But this group continues to receive state protection as a strategic tool against civilian support for the Maoists, with special police
officers (SPOs) and Salwa Judum members often blocking access to the area by journalists and human rights workers.
The Centre might want effective and well-trained police forces that use modern investigation and law enforcement methods,
winning the trust of the people they serve instead of being despised and distrusted by them. But some state governments have
yet to embark upon police reform, or in fact, even to recruit to fill vacancies. That leaves the police overworked and disgruntled,
without the training to tackle the Maoist challenge, and prone to commit human rights abuses.
State government failures to end abuses by security forces only strengthen the Maoists' support base. In Chhattisgarh, there are
repeated allegations of brutal attacks by these SPOs, including sexual attacks on women. In West Bengal's Lalgarh, support for
Maoists increased because the police tortured and arbitrarily arrested local tribal residents after a failed Maoist attack targeting
the chief minister. There was no effort to address complaints or to investigate the allegations of human rights violations.
The Centre's development efforts have met with mixed success in various states. Jharkhand, for example, is still at the bottom
on development indicators, even as some of its politicians are accused of gathering enormous wealth through corrupt practices.
The rush to pull in foreign investment has ignored the need for careful assessment of the impact on those displaced. Nor has
there been any real effort to engage the affected communities and determine effective rehabilitation. This became apparent in
Nandigram, West Bengal, where villagers cut off access to the area to prevent the acquisition of their farmlands for industry.
When supporters of the state's ruling CPI(M), with the complicity of the police, committed rape and killings to enforce the
government plan, local support for Maoists increased.
The Centre's agenda for security operations has also had failures. The Maoists repeatedly attacked security personnel, killing
troops and escaping with arms and ammunition. A government-appointed committee investigating the death of 75
paramilitary personnel in Chhattisgarh in April found that the troops had ignored prescribed procedures. If the security forces
themselves are not being adequately prepared for these operations, standard precautions to protect civilians and prevent human
rights violations are even more likely to be disregarded.
The government has a responsibility to contain an armed rebellion that puts citizens at risk, but it also has an obligation to
ensure that people's rights are protected and to deliver prompt and transparent action against abusers. A failure of justice can
push people towards those who propagate extralegal methods. And so it is crucial to have a vigilant civil society that can inform
policymakers and governments of suspected human rights abuses, by both the Maoists and government forces.
Silencing government critics might seem like an attractive option in the short term. But if the government wants a lasting
resolution to this conflict, it should embrace its critics instead, and work promptly to address the concerns they raise.
Article by:
Meenaxi Ganguly
Meenakshi Ganguly works on South Asia for Human Rights Watch
Credits to the sources:

Human Rights Watch
The Asian Age
----------------------------
31
Army against Maoists :: Pros and Cons

Responding to the mounting speculation that soldiers may be drafted in the battle against Maoists, Defence minister AK
Antony blandly stated: ‘‘I don’t want a public debate on this. The government will take a decision after carefully assessing
various implications. We will come to a conclusion only after weighing the pros and cons of a possible deployment of armed
forces in the fight against Maoists.’’
The unassuming Defence Minister is both right and wrong. Evaluating the pros and cons of deployment of armed forces is a
wise thing to do.
But rejecting public debate is a wrong approach.
It is because governments have used all agencies, forces and resources at their command–civil services, state police, mercenary
agencies like ‘salwa judum’ and central forces–to combat Maoist elements and have failed.
Army is the ‘last resort’ and there is no other force left.
Therefore people have a right to know and debate as to how state and paramilitary forces were used, why they failed and what
is different that the Army will do.
More importantly, should Armed Forces, trained and equipped to wage war and decimate enemies be used at all to fight and
kill our own people!
Buzz is that Army’s central command has been tasked with preparing a blueprint for action against the Red combatants.
The jurisdiction of the central command extends to vast areas of Dandakaranya forests falling in Bihar, Jharkhand, Madhya
Pradesh, Chhattisgarh and Orissa. This is a sequel to Union Home Minister, P. Chidambaram seeking a larger mandate to
deploy Army and Air Force to ‘capture, hold and hand over’ tribal territories for ‘development’ purposes.
Let us take a reality-check on the kind of ‘development’ that Chidambaram is championing.
In a Congress ruled state with large mineral belt, deals were signed with two alumina refining companies for mining 7.5 million
tonnes of bauxite. While fetching the government mere Rs 64.5 crore as royalty, both companies would make a staggering
profit of Rs. 3610 crores per year.
This loot has been given the protective cover of a Public Sector Undertaking which would do the notional mining and sell to
the alumina refineries.
For the community, mining operations would at best create 400 additional jobs as against nearly 100,000, mainly tribal people,
who would be rendered homeless!
English media channels are fascinated by this ‘development model’ and one of them had trumped up an ‘opinion-poll’
suggesting 67% public support for ‘use of Army against the Naxals’. Chidambaram gleefully endorsed this farce and said that
he was not surprised at all.
Anchors of these media channels have been screaming and screeching for launching the might of the regular, well-equipped
Indian Army to exterminate the itinerant, ramshackle ‘maoist army’ so that this ‘development model could be implemented in
the entire tribal territory!
Amidst all this arm-twisting there are indications that Armed Forces are chary of getting involved in the Maoist quagmire.
The main ground is fear of collateral damage.
The top-brass feels that the Army should step in only as a last resort in tackling internal law and order situations and the task of
taking on the Naxalites belongs to the State police, which are best equipped in the form of terrain and local conditions.
The view is that the presence of soldiers in civilian areas could lead to a greater sense of alienation among the local population
who are deprived even of basic facilities.
Another factor is that any offensive action by the armed forces could attract greater attention by NGOs and other activists,
along with the apprehension that the damage to the social fabric could be more serious.
Furthermore, an already over-stretched Army doubts whether it can sustain another major long-term internal security
commitment.
This discourse takes me back to an investigative article by Claire Sterling in the TIME magazine at the height of Emergency in
August, 1975.
Describing the predicament of Prime Minister Indira Gandhi between choosing to become a dictator on her own or get
propped up by the Soviet agents, the author writes: “Neither development is likely to leave the Indian Army unmoved.
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And that is perhaps the crux of the situation. India’s standing Army of nearly a million men has been resolutely non-political
since Independence. But it is also sensitive to the smallest slight to its honour, dignity and military independence, not to
mention the nation’s sovereignty; and it is steeped in loyalty to constitutional principles……”.
Targeting Indira, the author concludes: “Depending on how fast and how far she goes in changing from a traditional Prime
Minister to the one-woman ruler of a police state, the Indian Army–the one group with the power to stop the process–could
intervene.
If it were to do so, it would almost certainly be not to replace her with a military dictator, but to restore the institutions it has
been drilled into defending since birth”.
The writing is on the wall. The present-day democrats are turning dictatorial and in their desperation are virtually handing
over one-third of India–Jammu & Kashmir, North Eastern States and now the vast Dandakaranya territory-to an unwilling
Army. Now is the trying time for Army’s loyalty and core values.
General VK Singh, Army chief has repeatedly stated that Armed forces have their own value systems, which he will always
strive to uphold.
This value system is enshrined in the soul-raising credo of the Indian Military Academy: "The safety, honour and welfare of
your country come first, always and every time. The honour, welfare and comfort of the men you command come next. Your
own ease, comfort and safety come last, always and every time."
Participating in a ‘war’ against our own people, parched and famished due to long years of neglect, injustice and repression,
runs against the most basic value system of India’s proud Army.
Defence minister Antony is on record saying that there is no scope of `directly' employing the armed forces in the ongoing
battle against the Maoists. So are the Army and Air Chiefs.
Nothing has changed except the incessant spin-doctoring by the electronic media who have roped in some arm-chair Army
strategists to suggest that in this kind of situation the motto should be ‘act early and act firmly’, meaning ruthless and mass
massacre.
The weak and unstable political set-up seems to be caving in.
Hopefully, the Defence chiefs will not be coerced by such pressures and calibrated mind-management.
They should assert that their duty lies in upholding the ‘safety, honour and welfare of the nation and its people’ and not in
securing and holding territory for the multi-national billionaires and assorted carpetbaggers.
Prime Minister and Cabinet Committee on Security, while taking the final call on the ‘larger mandate’ sought by the Home
Minister, should deeply ponder and ask two critical questions before ordering militarization of Dandakaranya forests and Army
marching over tribal territory.
One is whether it would not signify collective and complete collapse of civil governance?
And the second, will not the world opinion justifiably equate India with Pakistan, which is considered a ‘failed state’?
Do we really need this dual shame ?
Article by:
M.G.Devasahayam
(Writer is a former Army and IAS officer)
-------------------------
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HOW TO EXERCISE YOUR RIGHT TO INFORMATION

(An article by Amitra Sudan Chakraborty, LLM and Faculty of law, ICFAI University, Tripura)
ORIGIN and Meaning of RIGHT TO INFORMATION

Our country is a democratic country and the persons who runs our Democratic Government are elected by the people of
India . People of India elect them by exercising their voting rights in General election. So the persons running our
DEMOCRATIC Government actually derive their powers to run the Government from people of India. And that is why,
Every citizen has got the right to know how the Government as well as persons running the Government and the persons
working under the authority of the Government is functioning. This Right is known as Right to Information which empowers
every citizen to seek any information from the Government and the authorities acting under the authority of the Government.
This RIGHT is regarded as OXYGEN of DEMOCRACY as because exercise of this RIGHT ensures TRANSPARENCY
and PREVENTION of CORRUPTIONS in the functioning of the Public Authorities and thereby helps to survive and
strengthen the democracy.
Key principle for Effective Exercise of a RIGHT

Before exercising any RIGHT effectively, everybody has to acquire knowledge about the meaning and Scope including the
limitation/s of that particular right as well as the powers of the authority/s who are empowered to protect and ensure the
enforcement of that RIGHT which he is going to exercise .
What is Right To Information Act,2005 ?

It is a Legislation passed by Indian Parliament in the year 2005.This legislation confers STATUTORY STATUS to RIGHT
TO INFORMATION well as prescribes the procedures necessary to be complied with for the exercise of the aforesaid
RIGHT TO INFORMATION. It also provides for the authorities who will facilitate the exercise of the aforesaid RIGHT as
well as penal consequences for that authority, if they fails to facilitate the exercise of that RIGHT.It also mandates constitution
of a CENTRAL INFORMATION COMMISSION and STATE INFORMATION COMMISSION for EACH STATE
which will deal with the cases of denial made by the authorities to facilitate the exercise of the RIGHT TO INFORMATION
within the time specified. It also provides for penalty to be imposed on Public Information Officer for unlawful denial of
request for information.
Earlier it was only Constitutional Rights under Article 19 of Indian Constitution, but now RTI is both legal and Constitutional
Right.
Meaning of “Right to information”

It means the Right of Citizens to access INFORMATION/S held by or under the “PUBLIC AUTHORITY” and includes the
right to-
1. inspect work,documents and records;
2. take notes,extract or certified copies of documents or records;
3. take samples of materials; and
4. to obtain the the information in the form of diskettes, floppies, tapes, video cassettes and any any other electronic
mode or through print out where such information is stored in a computer or any other device.
So, here two terms i.e., “Information and Public Authority” are involved in the concept of RIGHT TO INFORMATION.
Meaning of ‘INFORMATION’
The RTI Act has defined the term in a broader sense. According to it, INFORMATION means –
“any material in in any form including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders,
logbooks, contracts, reports, papers, samples, models, data material held in any electronic form by the public authority and also
includes the information’s relating to any private persons which can be accessed legally by the public authority”.
So,the first portion of the meaning of the word ‘Information’ relates to the functioning of public information and last portion
relates to the functioning of the private person/third person .Other than public to which the public authority is legally entitled
to have an access.
Meaning of “PUBLIC AUTHORITY”

It means –
Any authority or body or institution of self government established or constituted –
By or under the Constitution of India (e.g., Parliament, Supreme Court, High Court, Central Government, State Government
Ministers office, planning commission, Finance commission, ST/SC/OBC commission etc.);
By any other law made by parliament (e.g.,NHRC, SHRC, CIC, SIC, LICI, ONGC, SBI, CENTRAL UNIVERSITY etc.);
By any other law made by state legislature ( ICFAI University, Calcutta University, Burdwan University, Tripura Tourism
Corporation etc.);
By notification issued or order made by the appropriate Government;

34
and includes any

Body owned , controlled or substantially financed, directly or indirectly, by funds provided by the Government, central or State
Non–government organization (NGOS) substantially financed, directly or indirectly, by funds provided by the Government,
central or State
Ordinarily Exempted Public Authority

It means the Public authority ,ordinarily which has no obligation to provide/furnish information in response to a RTI request
and generally public has no authority to access information/s held by them or information furnished by them to the
Government. Ordinarily Exempted Public Authority means the Central and State Intelligence and Security Organizations, a
list of which is provided in Second Schedule in the RTI Act itself
Schedule of Ordinarily Exempted Public Authority

Central Intelligence and security organization
1. Intelligence Bureau.
2. Research and Analysis Wing of the Cabinet Secretariat.
3. Directorate of Revenue Intelligence.
4. Central Economic Intelligence Bureau.
5. Directorate of Enforcement.
6. Narcotics Control Bureau.
7. Aviation Research Centre.
8. Special frontier Force.
9. Border Security Force.
10. Central Reserve Police Force.
11. Indo-Tibetan Border Police.
12. Central Industrial Security Force
13. National Security Guards.
14. Assam Rifles.
15. Special Service Bureau
16. Special Branch (CID), Andaman and Nicobar.
17. The Crime Branch-C.I.D.-CB, Dadra and Nagar Haveli.
18. Special Branch, Lakshadweep Police
When Ordinarily exempted Public Authority is Bound To Respond to RTI Request

1.When RTI request relates to allegations of Corruption in that public Authority; and
2.When RTI request relates to allegations of violation of Human Rights by that public Authority.
Who are entitled to RTI

* Only the citizens of India have this Right To Information.
* Non-Citizens are not entitled to this Right To Information.
Ordinarily Accessible Information/S

Any INFORMATION which the public authority is bound to furnish/provide to The Information-seeker under the provisions
of Right To Information Act, 2005 .
Ordinarily Inaccessible Information

It means the INFORMATIONS, the disclosure of which are ordinarily exempted. Although a Citizens are entitled/not
prevented to make a request for supply of the above Information.
It includes the following information’s:
(a) information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic,
scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence;
(b) information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which
may constitute contempt of court;
(c) information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;
(d) information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the
competitive position of a third party;
(e) information available to a person in his fiduciary relationship;
(f) information received in confidence from foreign Government;
(g) information, the disclosure of which would endanger the life or physical safety of any person or identify the source of
information or assistance given in confidence for law enforcement or security purposes;
(h) information which would impede the process of investigation or apprehension or prosecution of offenders;
(i) cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers:
Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions
were taken shall be made public after the decision has been taken, and the matter is complete, or over;
Access to Ordinarily Inaccessible Information

35
ORDINARILY INACCESSIBLE INFORMATION can be accessed/disclosed only if the person making the request is able to
satisfy the public authority that the public interest outweighs the harm of protected interests of non-disclosure.
A public authority may allow access to that information/s, if he is satisfied that the public interest which requires the disclosure
outweighs the harm to the protected interests of non-disclosure.
Duty of Public Authority

The APPROPRIATE PUBLIC AUTHORITY is bound to do ensure the compliance of the following duties:
1. Maintenance and Computerization of certain information’s including their dissemination;
2. Publication of certain information’s including their dissemination;
3. Assigning reasons for its decision/s;
4. Appointment of Public Information Officer and First appellate authority.
5. Constitution of Information Commission (Central and State IC)
Maintenance and Computerization of certain information’s

Every Public Authority shall-
a) maintain maintain all its records duly catalogued and indexed in such a manner and in such form which facilitates the full
exercise of the RTI ; and
b) ensure that the records capable of being computerized are, within reasonable time and subject to availability of resources,
computerized and connected through a network all over the country so as to ensure the possibility of easy access to such
records and thereby facilitates the full exercise of the RTI .
Publication of certain informations

It is the mandatory duty of every public authority to publish suo moto (voluntarily on its own), with in 13th October,2005, the
following information’s:
the particulars of its organization, functions and duties;

the powers and duties of its officers and employees;
the procedure followed in the decision making process, including channels of supervision and accountability;
the norms set by it for the discharge of its functions
the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging
its functions;
a statement of the categories of documents that are held by it or under its control;
the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation
to the formulation of its policy or implementation thereof;
a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for
the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the
public, or the minutes of such meetings are accessible for public;
a directory of its officers and employees;
the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in
its regulations;
the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on
disbursements made;
the manner of execution of subsidy programmer including the amounts allocated and the details of beneficiaries of such
programmes.
particulars of recipients of concessions, permits or authorizations granted by it;
details in respect of the information, available to or held by it, reduced in an electronic form;
all relevant facts while formulating important policies or announcing the decisions which affect public
Dissemination Of Information
The Information’s to which above duties are related shall be widely disseminated by the public authority in such form and in
such manner which is easily accessible by the public.
Here, the word DISSEMINATED means making known or communicated the information’s to the public through notice
board, newspapers, public Announcements, media broadcasts, internet or any other means including inspection of the of the
offices of the public authority.
The Information’s to which above duties are related shall be widely disseminated by the public authority in such form and in
such manner which is easily accessible by the public.
Here, the word DISSEMINATED means making known or communicated the information’s to the public through notice
board, newspapers, public Announcements, media broadcasts, internet or any other means including inspection of the of the
offices of the public authority.
36
Reasoned Decision
Every public authority has to assign reason/s in support of its decision, whether the decision is administrative, judicial or quasi-
judicial to the person against whom the decision is made.
Appointment of Public Information Officer (PIO) and First appellate Authority

It is the duty of every public authority to appoint as many public Information Officer as public Information Officer and
Assistant public Information Officer in all administrative Units or offices under it for providing information/s to the persons
making RTI request.
It is the duty of every public authority to appoint /designate an officer senior in rank to Public Information Officer as First
appellate Authority in all administrative Units or offices under it for accepting and adjudicating the appeal filed against order of
refusal to supply information/s.
Duty of Public Information Officer (PIO)

General Duty
To pay respect to the Information-Seeker/s at all time and not to misbehave and disrespect at any time with the Information-
Seeker/s.
Specific Duty
Duty to guide the Information seeker to exercise his RTI.
Duty to transfer the RTI application to the appropriate authority, when the RTI application made to him relates to
information/s held by other public authority
Duty to ask the information seeker to make payment of necessary fees prescribed for supply of information.
Duty to send notice with in Five days from the date of receipt of RTI request to the Third Party.
Duty to allow 10 days to the third party for making his representation as to why information relates to him will not be disclosed.
Duty to provide Information with in the time specified in RTI Act
Generally, within thirty days from the date of receipt of RTI request and with in 40 days when RTI relates to Third Party
Information/s and within 45 days when RTI request relates to Human Rights Violation by ordinarily exempted Public
authority (Security and Intelligence Organization/s).
BUT IT IS THE DUTY OF PIO TO SUPPLY INFORMATION WITHIN 48 HOUR WHEN RTI REQUEST
RELATES TO VIOLATION OF RIGHT TO LIFE AND PERSONALLIBERTY.
Penalty for PIO

When the PIO, without any reasonable cause, refused to receive an RTI application or has not furnished information within
the specified time period or malafidely denied the request for information or knowingly given incorrect, incomplete or
misleading information or destroyed information which was the subject of the RTI request or obstructed in any manner in
furnishing the information, the appropriate Information Commission has got the power to impose impose a penalty of two
hundred and fifty rupees each day till the date of furnishing of information and IC can impose maximum fine of Rs.25,000/
and IC also empowered to direct DISCIPLINARY ACTION against that public authority.
But before making any order in this respect, the appropriate Information Commission is bound to hear the PIO.
How to Exercise RTI

Steps 1 – Making and Submitting RTI application
Make an RTI application by writing the matter/s in respect of which you are seeking information and submit it along with the
prescribed fees(Generally,Rs.10 in the in the form of cash payment or Indian Postal Order or Court Fee as has been prescribed
by the competent authority) addressing to the PIO of the public authority to which your RTI request relates with his office
address .
Steps 2 – Prefer First Appeal

When the PIO rejected the RTI application and when the PIO fails to supply Information within the specified time period,
then you have to prefer an appeal detailing the fact of the cases of refusal of your RTI application within THIRTY DAYS from
the date of refusal of RTI application
First Appellate Authority is bound to dispose of the appeal normally within 30 day and maximum within 45 day by specifying
reasons for it from the date of receipt of the appeal.
Steps 3 – Prefer Second Appeal

When the First Appellate Authority rejected the appeal, then you have to prefer an appeal before the appropriate Information
commission within NINETY DAYS from the date on which you have received the order of the First Appellate Authority
Second Appellate Authority is bound to dispose of the appeal normally within 30 day and maximum within 45 day by
specifying reasons for it from the date of receipt of the appeal.
Step 4 – Prefer Appeal to High court or Supreme Court
37
If you are aggrieved by the order of the of the Information Commission, then you may prefer an appeal against the order of
the Information Commission under article 226 or 32 of our Constitution to High Court or Supreme Court respectively
exercising the constitutional right to information which derives from article 19 of our Indian Constitution.
A REQUEST
Exercise your RIGHT TO INFORMATION as to ensure accountability and prevention of corruption in the public
functioning to strengthen our DEMOCRACY.
Help Desk
Seek Co-operation, if you find any problem in exercising your RIGHT TO INFORMATION please contact at:
asc_law AT yahoo.com
manabhrprotector AT gmail.com
Article by:
Amitra Sudan Chakraborty
B.Com(Hons), LL.B., LL.M.
Lecturer-in-Law, Faculty of Law
The ICFAI University
Tripura
and
Managing Trustee
MANAB, A Registered Human Rights Organization, Asansol, West Bengal
--------------------
LETTER TO THE EDITOR on NEW GOVERNMENT OF INDIA RULES FOR OVERSEAS INDIANS
The Government has made minor concession after the public protest for the NEW GOVERNMENT OF INDIA RULES
FOR OVERSEAS INDIANS WHO HAVE BECOME NATURALIZED CITIZENS OF OTHER COUNTRIES.
After the first announcement, the government only reduced the fees payable from US$175 to US$20 but many other provisions
remain unchanged causing the undue hardships to all. If they needed any information for any reason from anyone then they
can ask individually to that person for surrender of his/her old expired passport(s). Instead of this they are asking everyone to
surrender their old Passports. No other Governments are doing such things. Even if it is to maintain secrecy or confidentiality
for who is being investigated this step may have been taken, then also this should not be done retroactively. With this measure,
the Indian government will collect back from the present living persons only. What about those who are no more!
This is like instead of getting an arrest warrant issued by a magistrate, changing the law of the need to get the magistrate's
permission to issue an arrest warrant. After 60 years of freedom Indian administrative machinery is still not out of 'licences &
controls' attitude of the British Raj days!
The Government can appreciate that the Passports were not provided gratis-free, everyone had paid the required amounts,
without any choice or consideration of its affordability. Making every one to do so now is unfair - unreasonable invasion of the
privacy. It may be noted that the Passport contains many other valuable information like Visas of other countries, evidences of
visits abroad that may be necessary for the holder. Even if one keeps a photo-copy of the passport then also one will have to get
it notarized to make it useful, in that case it involves cost and is an undue hardships to everyone. An author asked for Passport
copy in connection with writing an article about Diaspora and an Immigrant's story. One would like to keep the passports for
sentimental value of parents' memory.
The thought of cost of collecting millions and millions of passports issued in the past and the administrative machinery for
collecting now is a gigantic task. Later this department will justify its continuance by coming up with how to trace the people
who have not returned their passports! When we are trying to move towards paperless society, even the thought of use of the
information from these returned passports plus its storage space, maintenance etc. is mind boggling. I failed to understand why
Indian government has taken such a step.
In conclusion, I hope wiser counsel prevails and the government scrap this new rules.
Letter by:
Prakash Mody,
37 Tuscarora Drive,
North York, ON, M2H 2K4, Canada.
---------------------------
38
Has tobacco made our laws also impotent?

World No-Tobacco Day is observed on 31st May 2010. India is a signatory for the WHO sponsored FCTC Protocol
(Framework Convention on Tobacco Control) and has committed itself to show significant reduction in cultivation and use of
tobacco and its products by the year 2020. More than nine million people are dying every year due to tobacco related diseases.
Direct link between cancer and tobacco has been established. One puff can alter the DNA. It has the ability to decrease man’s
sexual libido. Women who consume tobacco products and want to live like men have greater risks of miscarriage, premature
menopause and wrinkling of skin. Even sixth grade children are becoming victims of this habit. Nicotine is an addictive
substance and can make you its life log slave. It can cause a number of deadly diseases. Smokers are also contributing to
climate change and global warming through smoking and spewing CO2, Carbon Monoxide and other green house gases.
Tobacco contains more than 4000 chemicals of which 238 have carcinogenic qualities.
With all these minus points, tobacco still continues to attract more and more smokers (the claim that actual number of smokers
have come down needs verification). Bans on smoking in public places are only on paper; those who are responsible for
enforcing such prohibitions are not performing their duties and responsibilities. Mere passing legislations and making rules does
not serve the purpose with which such rules were formed. Surrogate advertisements and sponsoring mega events like sports,
musical programmes etc., are only making the brand names to be remembered by people. Authorities are not able to provide
two pots of potable water to the poorest of the poor but are ensuring that tobacco products are available at every nook and
corner of our country.
Authorities are even procuring tobacco grown without permit by bending and circumventing rules and regulations. While
farmers growing other products like paddy, raagi etc., are committing suicide for want to quality seeds, fertilizers, insecticides
etc., the permit holding farmers of tobacco are assured of supply of all their needs well in advance to make them rich by
helping them grow the killer weed tobacco in abundant quantity.
Authorities must stop adopting double standards in dealing with tobacco and its deadly effects on human beings. On the one
hand they are extending all farming supports to farmers and on the other hand, they are providing budgetary support for
Research and Development for curing cancer. Loss of human resources and skilled work force due to avoidable deaths
attributable to tobacco consumption is outweighing all the gains from duties, taxes on sale of tobacco products.
World over, polio eradication has become a major programme for preventive action. Tobacco kills but authorities are mulling
over reduction of cultivation and its consumption. This paradoxical situation can be avoided by strictly enforcing the rules,
regulations and controls over cultivation and consumption of tobacco products. Authorities must come out of the shadow of
tobacco lobbies and enforce strict vigilance and punishments to violators of law. Non-smokers are also suffering due to passive
smoking and are being made to pay for meeting the expenditure being incurred on smokers for curing their self-earned cancer.
This is not social justice. Availability of tobacco products in every nook and corner at affordable prices is committing more and
more people to take to consuming tobacco.
Wean away the farmers growing tobacco legally or illegally, lure them, tempt them with prospects of alternative cropping
pattern and saving mankind, create awareness about the ill effects of soil depleting tobacco cultivation and how thousands of
trees are being cut to provide them fuel for curing tobacco, in turn how the forest wealth is dwindling and how such denuding
nature is creating climate change, global warming etc., put the fear of guilt on their consciousness on how they along with
authorities are partners in homicide not amounting to murder of gullible people.
It is Time to kill the killer weed and help people to live a healthy life. Wars are being waged against certain other products like
alcohol, drugs etc., but tobacco is causing untold hardships and miseries to the people in alarming proportion. When we know
that certain products are deadly for human consumption, why not eliminate them from the face of the earth? Are there any
takers for this billion dollar question? Has tobacco (lobby) made our laws also impotent?
Article by:
Vasanthkumar Mysoremath
Convenor, Anti-Tobacco Forum
and Social Activist, MGP
----------------------
39
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भारत % लोग, जो *क ,ाउ.ड *रपोट2 इ.*डया % ज5मदाता 8। मानवीय अ*धकार?/म@Aय?, लोकत.B अौर अिभEयिFत % Gवात.Hय I गहरा *वKास
करM 8। ,ाउ.ड *रपोट2 इ.*डया भारत % लोग? की वह अावाज N जो *क जमीनी यथाथ2, *वचार, जमीनी ग*त*व*धयQ तथा अिभEयिFत % Gवात.Hय
% िलR N। मी*डया, लोग? % सशिFतकरण % िलR सबV बड़X अौजार? I V N, अौर इस बात पर *नभ2र करता N *क इस अौजार का Yयोग कZV
*कया जाR। इसिलR ,ाउ.ड *रपोट2 इ.*डया का अा,ह N *क इसका Yयोग *कसी EयिFत *व[ष या स.Gथा *व[ष % लाभ? % िलR ना *कया जाR।
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*वK का कोई भी मन^_य ,ाउ.ड *रपोट2 इ.*डया I िलखa का अ*धकार रखता N। अाbटकल या *रपोट2 अcर या अावाज या चलिचB या इन%
िमdज^d *कसी भी eप I fजा जा सकता N। fजM समय *नgन hबiअ? I Yोjसाहन अkिcत N।
• अापका Yोjसाहन अkिcत N, य*द ,ाउ.ड *रपोट2 इ.*डया सामािजक म^l? अौर अराजनm*तक अाbटकल की अkcा रखती N ।
• अापका Yोjसाहन अkिcत N, य*द *रपोट2 की सjयता % Yमाण YGत^त करa की अkcा की जाती N ।
• अापका Yोjसाहन अkिcत N, य*द अाbटकल % मौिलक होa की अkcा की जाती N ।
• य*द ,ाउ.ड *रपोट2 इ.*डया *कसी अाbटकल या *रपोट2 को Yकािशत कर पाa I असमथ2ता EयFत करती N तो कnपया अाप ,ाउ.ड *रपोट2
इ.*डया की असमथ2ता को अ5यथा नहo dp। Yकािशत ना हो पाa % कारण? की चचq का Gवागत ,ाउ.ड *रपोट2 इ.*डया सदmव करती N।
• अापका Yोjसाहन अkिcत N, य*द ,ाउ.ड *रपोट2 इ.*डया *कसी ऐV अाbटकल या *रपोट2 को Yकािशत कर पाa I असमथ2ता EयFत करती
N िजसका अाधार %वल *कसी EयिFत *व[ष या स.Gथा *व[ष को लाभ पs.चाना हो ।
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• अापका Yोjसाहन अkिcत N, य*द ,ाउ.ड *रपोट2 इ.*डया अkcा करती N *क य*द *कसी कारणवश *कसी अौर का अाbटकल Yकाशन %
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40
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Indo-Pak Peace :: Pritam K. Rohila! 9

India-Canada Joint Statement during the visit of Prime Minister! 15

Sign in the petition against discrimination of Dalit students in Indian Universities! 16

Jamia organizes a workshop on “Providing Crisis Mental Health in Disasters”! 16

RIVER :: Rokeya Institution Of Value Education & Research! 17

Anti-Corrupt Laws get teeth in M’rashtra; FIR against 28 corrupt officials! 19

RTI reveals how babus steal ‘power’ from civil society! 20

RTI reply of Bureau of Industrial Standards shows failure to adequately test! 22

India: Prosecute Soldiers in Kashmir ‘Encounter Killing’! 23

Again a case of Torture by BSF - victim is under pressure! 25

Bringing out the kill! 28

How to use RTI to protect open public spaces from encroachment! 30

India: Don’t Muzzle Critics! 30

Army against Maoists :: Pros and Cons! 32

HOW TO EXERCISE YOUR RIGHT TO INFORMATION! 34

Has tobacco made our laws also impotent?! 39

About the Ground Report India! 40

The Ground Report India - June 2010

Eradication of Poverty :: Possible in Easiest Way/ One Stroke

DOCUMENT - RWANDA: INVESTIGATE MURDER OF RWANDAN JOURNALIST, JEAN LEONARD

UA: 143/10 Index: AFR 47/004/2010 Issue Date: 25 June 2010

Indo-Pak Peace :: Pritam K. Rohila

June 14, 2010

Dr. Edvard Kovac

Why corn ethanol is a loser.

What are these tools? Download this document: http://www.box.net/shared/5tb27k13gr

What is your view on the Tobin tax?

What are the plans for President Obama’s visit to India?

India-Canada Joint Statement during the visit of Prime Minister

Sign in the petition against discrimination of Dalit students in Indian Universities

Kindly follow this link to sign in the petition http://www.petitiononline.com/93466770/petition.html

Jamia organizes a workshop on “Providing Crisis Mental Health in Disasters”

RIVER :: Rokeya Institution Of Value Education & Research

The following proposals were unanimously accepted.

The name of the proposed organization-

President: Sunil Pal

General Secretary: Prantosh Bandyopadhyay

Treasurer :Purnima Ray Chaudhury

Background information & Photos

Anti-Corrupt Laws get teeth in M’rashtra; FIR against 28 corrupt officials

1) THE PREVENTION OF CORRUPTION ACT, 1988: http://www.box.net/shared/x9a6utkf9g

RTI reveals how babus steal ‘power’ from civil society

I. Let us see how such posts are legitimately supposed to be filled.

A. What does the Constitution say?

B. What is DoPT’s acknowledged role?

C. What do DoPT’s guidelines say?

II. Let us see the Information unearthed by RTI applications.

b) RTI application to Ministry of Social Justice & Empowerment

III. Why the buck stops with DoPT.

4.5.1 Administrative Vigilance

4.6 Central Vigilance Commission

4.7 Central Bureau of Investigation

4.8 Joint Consultative Machinery

4.9 Central Administrative Tribunal

RTI reply of Bureau of Industrial Standards shows failure to adequately test

India: Prosecute Soldiers in Kashmir ‘Encounter Killing’

SURVEY ON PEOPLE'S VIEW ON LAND FOR MLAs IN OLD MAHABALIPURAM ROAD,

Findings of the study:

Again a case of Torture by BSF - victim is under pressure

Name of the Perpetrator(s):